Northern Star Realty Co.

National Labor Relations Board - Board Decisions

May 27, 1987

283 N.L.R.B. 1159 (N.L.R.B. 1987)

NORTHERN STAR REALTY CO.
Show Lang Cheng and Ko Cheng Cheng d/b/a
Northern Star Realty Co . and Local 32B-32J,
Service Employees International Union, AFL-
CIO, Petitioner . Case 29-RC-6731
27 May 1987
]DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
The National Labor Relations Board, by a three-
member panel, has considered objections to an
election held 12 January 1987 and the Regional Di-
rector's report recommending disposition of them.
The election was conducted pursuant to a Stipulat-
ed Election Agreement. The, tally of ballots shows
one vote for and no votes against the Petitioner,
with no challenged ballots.
The Board has reviewed the record in light of
the exceptions and brief, has adopted the Regional
Director's findings and recommendations only to
the extent consistent with this decision, and fords
that a certification of representative should be
issued.
Of the two eligible voters for the 12 January
election, only one voted. The Employer filed
timely objections to the election, arguing not only
that the Petitioner could not be certified on the
basis of the single vote cast but also that a certifica-
tion of election results finding that no bargaining
representative was selected should be issued, thus
barring another election for a year.' The Regional
Director found merit in the Employer's objection
only to the extent that then-current, Board prece-
dent held that the single vote cast could not be
considered "representative" of unit employee de-
sires,1 and recommended that a second election be
directed.
1 E g., Kit Mfg. Co., 198 NLRB 1 (1971); Gold & Baker, 54 NLRB 869
(1944).
1159
Subsequent to the Regional Director's report the
Board issued its decision in Lemco Construction,
283 NLRB No. 68 (Mar. 31,, 1987), in which it
stated (slip op. at 5-6):
[W]e have decided to abandon any analysis de-
pendent on a numerical test to determine the
validity of a representation election. Rather,
we will issue certifications where there is ade-
quate notice and opportunity to vote and em-
ployees are not prevented from -voting by the
conduct of a party or by unfairness in the
scheduling or mechanics of the election.
'Precedent such as Kit Mfg. and Gold & Baker
are inconsistent with this approach and are, ac-
cordingly, overruled.
In the present case, only one of two eligible -em-
ployees voted. The Employer alleges that both
were present at the polling place immediately prior
to the election. Pursuant to Lemco, in the absence
of any claim or evidence that the nonvoting em-
ployee lacked adequate notice and opportunity to
vote and was not prevented from voting by the
conduct of a party or by unfairness in the schedul-
ing or mechanics of the election, the results of the
election will stand. Accordingly, we will certify
the Petitioner.
CERTIFICATION OF
REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid bal-
lots have been cast for Local 32B-32J , Service
Employees International Union, AFL-CIO, and
that it is the exclusive collective-bargaining repre-
sentative of the employees in the following appro-
priate unit:
All regular full-time and part -time building
service employees employed by the Employer
at 147-25 Northern Boulevard , Flushing, New
York, but excluding all other employees, in-
cluding guards and supervisors as defined in
the Act.
283 NLRB No. 176