ACTION ENVIRONMENTAL SYSTEMS, LLC et al.

National Labor Relations Board - Board Decisions

Oct 16, 2014

02-RC-126999 (N.L.R.B. Oct. 16, 2014)

Bronx and Brooklyn, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ACTION ENVIRONMENTAL SYSTEMS, LLC,
ACTION ENVIRONMENTAL SOLUTIONS, LLC,
and ACTION CARTING ENVIRONMENTAL
SERVICE, INC.
Employer
and Case 02-RC-126999
WASTE MATERIAL RECYCLING & GENERAL
INDUSTRIAL LABORERS LOCAL 108, LIUNA
Petitioner
and
LOCAL 660, UNITED WORKERS OF AMERICA
Intervenor
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered an
objection to an election held on June 13, 2014, and the hearing officer’s report recommending
disposition of it. The election was conducted pursuant to a Decision and Direction of Election.
The tally of ballots shows 40 for the Petitioner, 21 for the Intervenor, and 1 against participating
labor organizations.
The Board has reviewed the record in light of the exceptions and brief, has adopted the
hearing officer’s findings1 and recommendations, and finds that a certification of representative
should be issued.

1 The Intervenor has excepted to some of the hearing officer’s credibility findings. The Board’s
established policy is not to overrule a hearing officer’s credibility resolutions unless the clear
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Waste Material
Recycling & General Industrial Laborers Local 108, LIUNA, and that it is the exclusive
collective-bargaining representative of the employees in the following appropriate unit:
INCLUDED: All full-time and regular part-time laborers, pickers, sorters, traffic controllers,
mechanics, mechanic helpers, equipment operators, welders, recycling drivers and helpers,
roll off drivers, tractor trailer drivers and painters at the following locations: 315 Casanova
Street, Bronx, NY; 400 Casanova Street, Bronx, NY; and 941 Stanley Avenue, Brooklyn,
NY.
EXCLUDED: All other employees, including the billing clerk/cash management and
accounts receivable position, guards, and professional employees and supervisors as defined
in the Act.
Dated, Washington, D.C., October 16, 2014.
____________________________________
Mark Gaston Pearce, Chairman
____________________________________
Harry I. Johnson, III, Member
____________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex Co.,
118 NLRB 1359, 1361 (1957). We have carefully examined the record and find no basis for
reversing the findings. Although Member Schiffer agrees that reversal of the hearing officer’s
credibility findings is not warranted, she observes that a witness’s refusal to answer questions
may or may not indicate a lack of candor, depending, in large part, on the appropriateness of the
questions.