Cervera Automotive Group LLC d/b/a Veracom Ford

National Labor Relations Board - Unpublished Board Decisions

Dec 12, 2012

20-RC-086155 (N.L.R.B. Dec. 12, 2012)

NOT INCLUDED PGB
IN BOUND VOLUMES San Mateo, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CERVERA AUTOMOTIVE GROUP LLC
d/b/a VERACOM FORD
Employer
and Case 20-RC-086155
MACHINISTS DISTRICT LODGE 190,
MACHINISTS LOCAL LODGE NO. 1414
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered
determinative challenges in and objections to an election held on September 4, 2012, and the
Regional Director’s report recommending disposition of them. The election was conducted
pursuant to a Stipulated Election Agreement. The tally of ballots shows 5 for and 0 against the
Petitioner, with 6 determinative challenged ballots.1
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
Regional Director’s findings and recommendations, and finds that a certification of
representative should be issued.
CERTIFICATION OF REPRESENTATIVE

1 Before issuing his report, the Regional Director opened and counted two of the
challenged ballots without resolving the challenges pursuant to the Board’s decision in
International Ladies’ Garment Workers’ Union, 137 NLRB 1681 (1962). The revised tally of
ballots shows that both voters, who have been named as discriminatees in an unfair labor practice
charge filed against the Employer, indicated their desire to be represented. Accordingly, if both,
either, or neither of these individuals are eligible to vote, the Petitioner has received a majority of
the votes, as the remaining four challenges would be insufficient to affect the results.
2
IT IS CERTIFIED that a majority of the valid ballots have been cast for Machinists
District Lodge 190, Machinists Local Lodge No. 1414, and that it is the exclusive collective-
bargaining representative of the employees in the following appropriate unit:
All full-time and regular part-time Service Advisors and Technicians employed by the
Employer at its facility located at 790 North San Mateo Dr., San Mateo, California;
excluding all other employees, managers, guards, and supervisors as defined in the Act.
Dated, Washington, D.C., December 12, 2012.
____________________________________
Mark Gaston Pearce, Chairman
____________________________________
Richard F. Griffin, Jr., Member
____________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD