Thesis Painting, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 24, 2016

05-RC-155713 (N.L.R.B. Mar. 24, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THESIS PAINTING, INC.
Employer
and Case 05-RC-155713
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES, AFL-CIO,
DISTRICT COUNCIL 51
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Certification of Representative is denied, as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., March 24, 2016

1 In denying review, we agree with the Regional Director’s finding that Adan Guzman was
not an agent of the Petitioner, and therefore that his conduct during the election was not
objectionable under Milchem, Inc., 170 NLRB 362 (1968). We need not pass on the Regional
Director’s alternate finding that, even if Guzman were an agent, his conduct would not have
violated Milchem. In addition, although Jose Raymundo may have been the Petitioner’s limited
agent during the election while he served as the Petitioner’s observer, see Dubovsky & Sons,
Inc., 324 NLRB 1068 (1997), his wearing of a union t-shirt before the election started was not
objectionable. See also Larkwood Farms, 178 NLRB 226 (1969)(an observer’s mere wearing of
campaign insignia is not objectionable).