Marriott In-Flite Services

National Labor Relations Board - Board Decisions

Apr 17, 1979

241 N.L.R.B. 927 (N.L.R.B. 1979)

MARRIOTT IN-FLITE SERVICES
Marriott In-Flite Services, a Division of Marriott Cor-
poration and Miscellaneous Warehousemen, Air-
line, Automotive Parts, Service Tire and Rental,
Chemical & Petroleum, Ice, Paper & Related Cleri-
cal & Production Employees, Local 781, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, Petitioner. Case
13-RC- 14603
April 17, 1979
ORDER AND CERTIFICATION OF RESULTS
OF ELECTION
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND MURPHY
On August 14, 1978. a Hearing Officer's report is-
sued, recommending overruling of Petitioner's objec-
tions to conduct affecting results of the election' held
February 2, 1978, in the above-entitled proceeding.
Petitioner thereafter filed exceptions with the Board.
By letter dated March 7, 1979, to the Regional Di-
rector for Region 13 of the National Labor Relations
Board, Petitioner requested the withdrawal of its ob-
jections. We construe Petitioner's request to also in-
clude withdrawal of its exceptions.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board having duly considered the matter,
It is hereby ordered that Petitioner's request to
withdraw its exceptions and its objections be, and it
hereby is, granted.2
I The election was held pursuant to a Stipulation for Certification Upon
Consent Election. The tally was 138 for, and 154 against. Petitioner; there
were 3 challenged ballots, an insufficient number to affect the results.
2 As we are permitting Petitioner to withdraw its own election objections,
we do not reach the merits of Petitioner's exceptions to the Hearing Officer's
report and recommendations with regard to the election. Unlike our dissent-
ing colleague, we find the statute's underlying objective of promoting indus-
trial peace to be best served by permitting the parties to proceed upon a new
petition which the Union states it has filed.
As Petitioner failed to receive a majority of the
valid ballots cast in the election conducted herein, the
results of said election will he certified.
CERTIFICATION OF RESULTS OF ELECTION
It is hereby certified that a majority of the valid
ballots have not been cast for Miscellaneous Ware-
housemen, Airline, Automotive Parts, Service Tire
and Rental, Chemical & Petroleum, Ice, Paper & Re-
lated Clerical & Production Employees, Local 781,
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, and that
said labor organization is not the exclusive represent-
ative of all the employees, in the unit herein involved,
within the meaning of Section 9(a) of the National
Labor Relations Act, as amended.
CHAIRMAN FANNING, dissenting:
In my view, permitting withdrawal of the objec-
tions and exceptions at this time does not serve to
best effectuate either the purposes of the Act or utili-
zation of the Board's resources. I therefore would
proceed with issuance of a decision on the merits in
this proceeding. I think the parties are entitled to this
definitive action before they and the Board become
involved in another election which could present the
same issues. The election in this proceeding was held
February 2, 1978. The recent filing of the new peti-
tion by the Union no doubt reflects its despair of get-
ting from the Board a decision on the merits in the
pending proceeding. It made a hard choice to risk a
new election, which it may do now that more than a
year has passed since the prior election, as the more
expeditious way to resolve the question of representa-
tion involved here. My colleagues' desire to serve in-
dustrial peace by processing a new petition in lieu of
a decision in this case in an approach that defies rea-
son.
Further, I find objectionable the Employer's speech
to employees on January 31, 1978, portions of which
I regard as a thinly veiled threat to cease doing busi-
ness in Chicago if the Union won the election.
241 NLRB No. 181
927