Chenega Integrated Systems

National Labor Relations Board - Board Decisions

Jul 29, 2009

354 N.L.R.B. 397 (N.L.R.B. 2009)

354 NLRB No. 56
Chenega Integrated Systems, LLC, and Chenega Se-
curity Protective Services, LLC and Interna-
tional Union, Security, Police and Fire Profes-
sionals of America (SPFPA), Petitioner. Case 5–
RC–16299
July 29, 2009
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN LIEBMAN AND MEMBER SCHAUMBER
The National Labor Relations Board1 has considered
objections to a mail ballot election held between April 24
and May 22, 2009, 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 9 for and 6 against the Peti-
tioner, with no challenged ballots.
The Board has reviewed the record in light of the ex-
ceptions and brief, has adopted the Regional Director’s
findings and recommendations, and finds that a certifica-
tion of representative should be issued.2

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the Board’s
powers in anticipation of the expiration of the terms of Members Kir-
sanow and Walsh on December 31, 2007. Pursuant to this delegation,
Chairman Liebman and Member Schaumber constitute a quorum of the
three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases.
See Sec. 3(b) of the Act. See Snell Island SNF LLC v. NLRB, 568 F.3d
410 (2d Cir. 2009); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir.
2009), petition for cert. filed 77 U.S.L.W. 3670 (U.S. May 22, 2009)
(No. 08-1457); Northeastern Land Services v. NLRB, 560 F.3d 36 (1st
Cir. 2009), rehearing denied No. 08-1878 (May 20, 2009). But see
Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469
(D.C. Cir. 2009), petitions for rehearing denied Nos. 08-1162, 08-1214
(July 1, 2009).
2 In denying review, Member Schaumber notes that while mail ballot
elections are generally reserved for circumstances not clearly presented
here (see San Diego Gas & Electric, 325 NLRB 1143, 1145 (1998)),
the Employers specifically stipulated to conducting such an election in
the instant proceeding. In Member Schaumber’s view, this case is
reflective of the procedural problems and reliability issues associated
with mail ballot elections. He would continue to limit the use of that
device to the rare circumstances where a traditional Board-conducted
secret-ballot election would make it difficult for eligible employees to
vote or where a manual election, though possible, is impractical or not
easily done.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have
been cast for International Union, Security, Police and
Fire Professionals of America (SPFPA), and that it is the
exclusive collective-bargaining representative of the em-
ployees in the following appropriate unit:
All full time and regular part time security officers per-
forming security services at the Employers’ work site at
the Arlington Hall Readiness Center in Arlington, Vir-
ginia; but excluding all professional employees, office
clerical employees, sergeants, lieutenants, the project
manager, and supervisors as defined by the Act.