TOTAL FIRE PROTECTION

National Labor Relations Board - Unpublished Board Decisions

Jul 19, 2013

18-RC-096195 (N.L.R.B. Jul. 19, 2013)

Brandon, SD
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TOTAL FIRE PROTECTION, INC.
Employer
and
ROAD SPRINKLER FITTERS LOCAL
UNION N0. 669, UA AFL-CIO
Petitioner
Case 18-RC-096195
DECISION, ORDER, AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board has considered objections to an election held
February 22, 2013, and the hearing officer's report recommending disposition of them.
The election was conducted pursuant to a Stipulated Election Agreement. The revised
tally of ballots shows 5 ballots cast for and 10 ballots cast against the Petitioner, with 2
void ballots and 5 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.1
IT IS ORDERED that the election conducted on February 22, 2013, be set aside
and that a new election be conducted.

1 The Hearing Officer found that Petitioner’s objection 2, regarding the Employer’s payment to employees
for attending the February 15 meeting, had a reasonable tendency to interfere with the employees’ free choice
in the election. Accordingly, the Hearing Officer recommended that the election be set aside based on
objection 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 be rehired or
reinstated before the, 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 Road Sprinkler Fitters Local Union No. 669, UA AFL-CIO.
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 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., July 19, 2013.
By direction of the Board:
Farah Z. Qureshi
______________________________
Associate Executive Secretary