UNITED STATES INFRASTRUCTURE CORPORATION

National Labor Relations Board - Unpublished Board Decisions

Sep 10, 2012

11-RD-000732 (N.L.R.B. Sep. 10, 2012)

NOT INCLUDED IN HGB
BOUND VOLUMES Winston-Salem, NC
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES INFRASTRUCTURE CORPORATION
(USIC)
Employer
and Case 11-RD-000732
RALPH FINLEY
Petitioner
and
COMMUNICATIONS WORKERS OF AMERICA,
LOCAL 3682
Union
DECISION AND ORDER REMANDING
The National Labor Relations Board, by a three-member
panel, has considered challenges in a mail-ballot election held
on September 28, 2011, and the Acting Regional Director’s report
recommending disposition of them. The election was conducted
pursuant to a Stipulated Election Agreement. The tally of
ballots shows 53 for and 54 against the Union, with 5 void and 2
challenged ballots, a sufficient number to affect the results.
The Board has reviewed the record in light of the
exceptions and briefs and finds that the Employer’s exceptions
raise substantial and material issues of fact warranting a
hearing.
The Employer challenged two ballots because the signature
on the outer yellow return envelope supplied in the mail-ballot
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kit did not appear to match the name of the voter assigned the
key number on the interior blue envelope. Ballot No. 6 was
assigned to employee Erin Bass but appeared to have been signed
by someone else. Likewise, Ballot No. 46 was assigned to
Maurice Grizzard but appeared to have been signed by someone
else.
Based on an administrative investigation, the Acting
Regional Director found that Bass and Grizzard shared the same
mailing address (a post office box), received and mailed their
ballots at the same time, and inadvertently “swapped” their
return envelopes when assembling their ballots for return to the
Regional Office. Having reviewed the record as it stands,
however, we find it insufficient to permit review of the Acting
Regional Director’s findings. Accordingly, we shall remand this
proceeding for a hearing for the purpose of receiving evidence
to clarify the circumstances surrounding the signing and mailing
of the challenged ballots.
ORDER
IT IS ORDERED that this case is remanded to the Regional
Director for Region 11 pursuant to Section 102.69 of the Board’s
Rules and Regulations, for the purpose of issuing a notice of
hearing before a hearing officer to resolve the issues raised by
the Employer’s challenges to Ballot Nos. 6 and 46.
IT IS FURTHER ORDERED that at the conclusion of the
hearing, the hearing officer shall prepare and cause to be
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served on the parties a report containing the resolution of
credibility of witnesses, findings of fact, and recommendations
to the Board concerning the disposition of the challenges.
IT IS FURTHER ORDERED that thereafter, this case shall be
transferred and continued before the Board in Washington, D.C.,
and that the provisions of Section 102.69 of the Board’s Rules
and Regulations shall apply to the filing of exceptions to the
hearing officer’s report.
Dated, Washington, D.C., September 10, 2012.
___________________________________________
Brian E. Hayes, Member

____________________________________
Richard F. Griffin, Jr., Member
____________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS
BOARD