MBI HVAC, INC.

National Labor Relations Board - Unpublished Board Decisions

Mar 5, 2013

04-RC-089309 (N.L.R.B. Mar. 5, 2013)

Allentown, PA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MBI HVAC, INC.
Employer
and
SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION,
LOCAL 19
Petitioner
Case 04-RC-089309
DECISION, ORDER, AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board has considered challenged ballots in an
election held November 16, 2012, and the Hearing Officer’s report recommending
disposition of them. The election was conducted pursuant to a Decision and Direction of
Election. The tally of ballots shows 3 ballots cast for and 3 ballots cast against the
Petitioner, with 2 challenged ballots, a sufficient number to affect the results.
No exceptions have been filed to the Hearing Officer’s report within the time
provided. Accordingly, the Board adopts the Hearing Officer’s findings and
recommendations.1
IT IS ORDERED that the election conducted on November 16, 2012, be set aside
and that a new election be conducted.

1 The Hearing Officer sustained the challenged ballot of Spencer Romano. The parties stipulated
that Harold Blose, the subject of the other challenged ballot, was ineligible to vote in the election.
Additionally, the Hearing Officer sustained Petitioner’s objections 1, 2, 4-8, and
11-13. She overruled objections 3 and 9. Objection 10 was withdrawn.
2
DIRECTION OF SECOND ELECTION
A second election by secret ballot shall be conducted among the employees in the
unit found appropriate whenever the Regional Director deems appropriate. The Regional
Director shall direct and supervise the election, subject to the Board’s Rules and
Regulations. Eligible to vote are those employed during the payroll period ending
immediately before the date of the Notice of Second Election, including employees who
did not work during that period because they were ill, on vacation, or temporarily laid off.
Also eligible are employees engaged in an economic strike that began less than 12
months before the date of the first election and who retained their employee status during
the eligibility period and their replacements. Jeld-Wen of Everett, Inc., 285 NLRB 118
(1987). Those in the military services may vote if they appear in person at the polls.
Ineligible to vote are employees who have quit or been discharged for cause since the
payroll period, striking employees who have been discharged for cause since the strike
began and who have not be rehired or reinstated before the election date, and employees
engaged in an economic strike that began more than 12 months before the date of the
first election and who have been permanently replaced. Those eligible shall vote whether
they desire to be represented for collective bargaining by Sheet Metal Workers
International Association, Local 19.
To ensure that all eligible voters have the opportunity to be informed of the issues
in the exercise of their statutory right to vote, all parties to the election should have access
to a list of voters and their addresses that may be used to communicate with them.
Excelsior Underwear, 156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S.
759 (1969). Accordingly, it is directed that an eligibility list containing the full names and
addresses of all the eligible voters must be filed by the Employer with the Regional
Director within 7 days from the date of Notice of Second Election. North Macon Health
Care Facility, 315 NLRB 359 (1994). The Regional Director shall make the list available
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to all parties to the election. No extension of time to file the list shall be granted by the
Regional Director except in extraordinary circumstances. Failure to comply with this
requirement shall be grounds for setting aside the election if proper objections are filed.
Dated, Washington, D.C., March 5, 2013.
By direction of the Board:
Farah Z. Qureshi
______________________________
Associate Executive Secretary