EXECUTIVE MANAGEMENT SERVICES, INC.

National Labor Relations Board - Unpublished Board Decisions

Jun 20, 2013

25-RC-093670 (N.L.R.B. Jun. 20, 2013)

NOT INCLUDED PGB
IN BOUND VOLUMES Kokomo, IN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EXECUTIVE MANAGEMENT SERVICES, INC.
Employer
and Case 25-RC-093670
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (UAW),
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board has considered objections to an election
held January 8, 2013, 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 20 ballots for and 5 against the Petitioner, with 1 challenged ballot,
an insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and briefs, has
adopted the hearing officer’s findings1 and recommendations, and finds that a
certification of representative should be issued.

1 There were no substantive exceptions to the hearing officer’s conclusion that Objection
4 lacked merit. We adopt pro forma the hearing officer’s recommendation to overrule
the Employer’s Objection 4.
In affirming the hearing officer’s factual findings here, we observe that even if the Union
had made campaign-related misrepresentations to employees as alleged by the
Employer, they would not be grounds for setting aside the election under the
circumstances of this case and long-settled law. See Midland National Life Insurance
Co., 263 NLRB 127 (1982).
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for
International Union, United Automobile, Aerospace and Agricultural Implement Workers
of America, and that it is the exclusive collective-bargaining representative of the
employees in the following appropriate unit:
All full-time and regular part-time housekeepers/janitorial employees
employed by the Employer at the G[eneral] M[otors] C[omponent]
H[oldings] Kokomo Operations facility; BUT EXCLUDING all office clerical
employees, technical employees, engineering employees, guards and
supervisors as defined in the Act, and all other employees.
Dated, Washington, D.C., June 20, 2013.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Richard F. Griffin, Jr., Member
___________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD