Fermi National Accelerator Laboratory

National Labor Relations Board - Board Decisions

Nov 5, 1979

246 N.L.R.B. 359 (N.L.R.B. 1979)

FERMI NATIONAL ACCELERATOR I.ABORATORY
Fermi National Accelerator Laboratory, Universities
Research Association, Inc. and United Steelworkers
of America, AFL-CIO, Petitioner. Case 13 RC-
14811
November 5, 1979
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN FANNING AND MEMBERS MURPHY
AND TRUtESD)AF
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended. a three-
member panel has considered objections and chal-
lenges to an election held April 18, 1979,' and the
Hearing Officer's report recommending disposition of
same. The Board has reviewed the record in light of
the exceptions and briefs, and hereby adopts, to the
extent consistent herewith, the Hearing Officer's find-
ings and recommendations.'
i The election was conducted pursuant to a petition and Decision and
Direction of Election. The tally was: 17 for, and 16 against, the Petitioner:
there were 3 challenged ballots. a sufficient number to affect the results.
2 The Heanng Officer recommended that Petitioner's Objection 4, which
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for United Steelworkers of
America, AFL CIO, and that, pursuant to Section
9(a) of the National Labor Relations Act, as
amended, the said labor organization is the exclusive
representative of all the employees in the following
appropriate unit for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of
employment, or other terms and conditions of em-
ployment:
All persons employed at Fermi National Accel-
erator Laboratory and classified as mechanics,
maintenance mechanics, or maintenance electri-
cians; excluding supervisors, guards, professional
employees. clerical employees, technicians and
all other employees.
alleged the presence of a supervisor as the Employer's election observer, be
sustained. that the election be set aside on the basis of that objection. Since
we adopt the Hearing Officer's recommendation to sustain the challenges to
3 ballots. the election tally stands at 17 for and 16 against the Petitioner.
Accordingly, we find it unnecessary to pass on the ments of Objection 4. and
we do not adopt the Hearing Officer's recommendation to set aside the elec-
tion based on that objection. Rather, we shall issue a certification of repre-
sentative to the Petitioner since a majority of the valid ballots cast in the
April 18. 1979, election were cast in its favor.
246 NLRB No. 60
359