SCHWARZ PARTNERS PACKAGING, LLC, D/B/A MAXPAK

National Labor Relations Board - Board Decisions

Jun 7, 2013

12-RC-073852 (N.L.R.B. Jun. 7, 2013)

LAKELAND, FL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SCHWARZ PARTNERS PACKAGING, LLC
D/B/A MAXPAK
Employer
and
UNITED STEELWORKERS
INTERNATIONAL UNION
Petitioner
Case 12-RC-073852
DECISION AND DIRECTION
The National Labor Relations Board has considered challenged ballots and
objections in an election held March 15, 2012, and the hearing officer's report
recommending disposition of them. The election was conducted pursuant to a Stipulated
Election Agreement. The tally of ballots shows 39 ballots cast for and 38 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

1 The Hearing Officer recommended that the Board overrule the challenges to the ballots cast by
Rick Whiting and Abner Rivera, and that the Board overrule the Employer’s objection, which was
premised upon the finding that Whiting and Rivera were supervisors. The Hearing Officer further
recommended that the Board approve the withdrawal of the Union’s objection 9, overrule the
Union’s objections 1,3, 4, 6, 8, and 10, and sustain the Union’s objections 5, 7, and 11.
DIRECTION
IT IS DIRECTED that the Regional Director for Region 12 shall, within 14 days of
this direction, open and count the ballots of Richard Whiting and Abner Rivera, and
thereafter prepare and serve on the parties a revised tally of ballots, and issue the
appropriate certification, or, if necessary, set the election aside and direct a second
election
Dated, Washington, D.C., June 7, 2013.
By direction of the Board: Farah Z. Qureshi
______________________________
Associate Executive Secretary