TT of NYC LLC d/b/a Tutor Time on Sixth

National Labor Relations Board - Unpublished Board Decisions

Feb 23, 2010

02-RC-023380 (N.L.R.B. Feb. 23, 2010)

NOT TO BE INCLUDED LS
IN BOUND VOLUMES New York, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TT of NYC, LLC, d/b/a
TUTOR TIME ON SIXTH
Employer
and Case 2-RC-23380
CSAEUM DISTRICT COUNCIL 1707,
AFSCME
Petitioner
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board' has considered
objections to an election held on June 15, 2009, and the
Regional Director's report recommending disposition of them.
The election was conducted pursuant to a Stipulated Election
I Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow,
and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-
member group, all of the Board's powers in anticipation of the expiration of
the terms of Members Kirsanow and Walsh on December 31, 2007. Pursuant to
this delegation, Chairman Liebman and Member Schaumber constitute a quorum of
the three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases. See
Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, 590 F.3d 849 (10th
Cir. 2009); NarricoL Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir. 2009);
Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert.
filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09-328); New Process Steel
v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130 S.Ct. 488 (2009);
Northeastern Land Services v. NLRB, 560 F.3d. 36 (1st Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see
Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir.
2009), petition for cert. filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No.
09-377).
2Agreement The tally of ballots in the Professional unit shows
17 for and 26 against the Petitioner, with 2 challenged ballots,
an insufficient number to affect the results. The tally of
ballots in the Non-Professional unit shows 0 for and 4 against
the Petitioner, with 1 challenged ballot, an insufficient number
to affect the results.
The Board has reviewed the record in light of the
Petitioner's exceptions and brief, has adopted the Regional
Director's findings and recommendations, and finds that a
certification of results should be issued.
2 The professional employees voted to be in a unit that did not include non-
professional employees.
2
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have
not been cast for CSAEUM DISTRICT COUNCIL 1707, AFSCME, and it
is not the exclusive collective bargaining representative of
these bargaining unit employees.
Dated February 23, 2010, Washington, D.C.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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