East Coast Underground, Inc.

National Labor Relations Board - Board Decisions

Mar 30, 2016

05-RC-148929 (N.L.R.B. Mar. 30, 2016)

Baltimore, Frederick and
Hurlock, MD
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EAST COAST UNDERGROUND, INC.
Employer
and Case 05-RC-148929
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 126
Petitioner
DECISION AND DIRECTION
The National Labor Relations Board, by a three-member
panel, has considered determinative challenges in an election
held on May 5, 2015, and the hearing officer’s report
recommending disposition of them. The election was conducted
pursuant to a Stipulated Election Agreement. The tally of
ballots shows 36 for and 31 against the Petitioner, with 11
challenged ballots.
The Board has reviewed the record in light of the
exceptions and briefs, has adopted the hearing officer’s
findings1 and recommendations.

1 The Employer has excepted to some of the hearing officer's
credibility findings. The Board's established policy is not to
overrule a hearing officer's credibility resolutions unless the
clear preponderance of all the relevant evidence convinces us
that they are incorrect. Stretch-Tex Co., 118 NLRB 1359, 1361
2
DIRECTION
IT IS DIRECTED that the Regional Director for Region 5 shall,
within 14 days from the date of this Decision and Direction,
open and count the ballots of David O’Steen, Stephen Jackson,
Landon Wertz, David Detterbeck, and Christopher Hughes. The
Regional Director shall then serve on the parties a revised
tally of ballots and issue the appropriate certification.
Dated, Washington, D.C., March 30, 2016.
_____________________________
Mark Gaston Pearce, Chairman
_____________________________
Kent Y. Hirozawa, Member
_____________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

(1957). We have carefully examined the record and find no basis
for reversing the findings.
In the absence of exceptions, we adopt pro forma the
hearing officer’s recommendation that the challenge to the
ballots of Stephen Jackson, Landon Wertz, and David Detterbeck
be overruled, and that Christopher Hughes’ ballot be opened and
counted because the Union requested post-hearing to withdraw its
challenge to his ballot.