Galli Produce Co.

National Labor Relations Board - Board Decisions

Mar 28, 1984

269 N.L.R.B. 478 (N.L.R.B. 1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Galli Produce Co., Inc. and David P. Kisco, Peti-
tioner and Retail Clerks Union Local 775, affili-
ated with the United Food and Commercial
Workers Union, AFL-CIO-CLC. Case 20-RD-
1775
28 March 1984
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN DOTSON AND MEMBERS
ZIMMERMAN AND DENNIS
The National Labor Relations Board, by a three-
member panel, has considered objections to an
election held 17 February 1983 and the hearing of-
ficer's report recommending disposition of them.
The election was conducted pursuant to a Stipulat-
ed Election Agreement. The tally of ballots shows
11 for and 5 against the Union, with 2 challenged
ballots, 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 findings and recommendations, and finds
that a certification of representative should be
issued. 1
In Objection I, the Employer contends that the Board agent improp-
erly challenged a voter on behalf of the Union. As found by the hearing
CERTIFICATION OF
REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid bal-
lots have been cast for Retail Clerks Union Local
775, affiliated with the United Food and Commer-
cial Workers Union, AFL-CIO-CLC, and that it is
the exclusive collective-bargaining representative
of the employees in the following appropriate unit:
All full-time and regular part-time employees
of the Employer covered by the collective
bargaining agreement between the Union and
the Employer at its 2163 Palm Avenue, San
Mateo, California, location, excluding casual
employees, owners, managers, office clerical
employees, guards and supervisors as defined
by the Act.
officer, the Board agent reminded the Union's observer of the Union's
intent, stated at the preelection conference, to challenge a certain voter.
Sec. 11338 of the Board's Casehandling Manual admonishes Board agents
not to make challenges on behalf of the parties. When a party believes
that it has good cause to challenge a voter, the party's observer, not the
Board agent, has the responsibility to follow through and make the chal-
lenge. However, as there is no basis here for finding that the Board
agent's conduct affected the results of the election, we shall overrule Ob-
jection 1.
269 NLRB No. 84
478