THE LEVY COMPANY

National Labor Relations Board - Unpublished Board Decisions

Jan 6, 2011

25-RC-010436 (N.L.R.B. Jan. 6, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EDWARD C. LEVY CO. d/b/a THE LEVY
COMPANY
Employer
and
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL
UNION NO. 150, AFL-CIO
Petitioner
Case 25-RC-10436
DECISION, ORDER, AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board has considered objections to an
election held February 24 and 25, 2010, 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 29 ballots cast for
the Petitioner, 0 ballots cast for the Intervenor,1 and 43 ballots cast against the
participating labor organizations. There were 4 challenged ballots, an insufficient
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.
IT IS ORDERED that the election conducted on February 24 and 25, 2010,
be set aside and that a rerun election be conducted.

1
National Production Workers Union, Local 707.
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
election directed herein and who retained their employee status during the
eligibility period and their replacements. 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 been
rehired or reinstated before the date of the election directed herein, and
employees engaged in an economic strike that began more than 12 months before
the date of the election directed herein and who have been permanently replaced.
Those eligible shall vote whether they desire to be represented for collective
bargaining by the International Union of Operating Engineers, Local Union No.
150, AFL-CIO, or National Production Workers Union, Local 707, or by neither
labor organization.
3
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
the Notice of Second Election. North Macon Health Care Facility, 315 NLRB 359
(1994). The Regional Director shall make the list available 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., January 6, 2011.
By direction of the Board:
Henry Breiteneicher
____________________________
Associate Executive Secretary