New Country Audi

National Labor Relations Board - Unpublished Board Decisions

Nov 18, 2009

34-RC-002320 (N.L.R.B. Nov. 18, 2009)

NOT TO BE INCLUDED LS
IN BOUND VOLUMES Greenwich, CT
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEW COUNTRY AUDI INC.
Employer
and Case 34-RC-2320
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS,
AFL-CIO, DISTRICT LODGE 26
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board' has considered
objections to an election held on July 17, 2009, and the
Regional Director's report recommending disposition of them.
The election was conducted pursuant to a Stipulated Election
I Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow,
and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-
member group, all of the Board's powers in anticipation of the expiration of
the terms of Members Kirsanow and Walsh on December 31, 2007. Pursuant to
this delegation, Chairman Liebman and Member Schaumber constitute a quorum of
the three-member group. As a quorum, they have the authority o issue
decisions and orders in unfair labor practice and representation cases. See
Sec. 3(b) of the Act. See Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d
Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130 (U.S. September 11,
2009) (No. 09-328); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009),
cert. granted, S.Ct. / 2009 WL 1468482 (U.S. Nov. 2, 2009);
NortheasLern Land Services v. NLRB, 560 F.3d 36 (Ist Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3098 (U.S. August 18, 2009) (No. 09-213). But see
Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir.
2009), petition for cert. filed, -U.S.L.W.- (U.S. September 29, 2009)(No.
09-37-7 ) .
Agreement. The tally of ballots shows 13 for and 9 against the
Petitioner, with no challenged ballots.
The Board has reviewed the record in light of the
exceptions and briefs, has adopted the Regional Director's
findings and recommendations, 2 and finds that a certification of
representative should be issued.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have
been cast for International Association of Machinists &
Aerospace Workers, AFL-CIO, District Lodge 26, and that it is
the exclusive collective-bargaining representative of the
employees in the following appropriate unit:
All full-time and regular part-time service technicians
employed by the Employer at its Greenwich, Connecticut Audi
facility; but excluding all other employees, office
clerical employees, and guards, professional employees and
supervisors as defined in the Act.
Dated, November 18, 2009, Washington, D.C.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2 In the absence of exceptions, we adopt pro forma the Regional Director's
recommendation to overrule the Employer's Objection 1.
2