Freudenberg-NOK General Partnership

National Labor Relations Board - Board Decisions

May 30, 2014

08-RC-107929 (N.L.R.B. May. 30, 2014)

PHJ
Milan, OH
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FREUDENBERG-NOK, General Partnership
Employer
and Case 08-RC-107929
INTERNATIONAL UNION, UNITED
AUTOMOBILE AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered
determinative challenges in an election held August 15, 2013, and the hearing officer’s report
recommending disposition of them. The election was conducted pursuant to a Stipulated
Election Agreement. The tally of ballots shows 103 for and 97 against the Petitioner, with 10
challenged ballots.
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
hearing officer’s findings1 and recommendations,2 and finds that a certification of representative
should be issued.

1 The Employer 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
preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex Co.,
118 NLRB 1359, 1361 (1957). We find no basis for reversing the findings.
2 In adopting the hearing officer’s recommendations to sustain the challenges to the ballots of
the Employer’s summer associates, we emphasize that the summer associates do not share a
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for International
Union, United Automobile Aerospace and Agricultural Implement Workers of America and that
it is the exclusive collective-bargaining representative of the employees in the following
appropriate unit:
All full-time and regular part-time production, maintenance, and warehouse employees,
including assemblers, baggers, packers, machine operators, printers, order fillers, material
technicians, quality technicians, Merkel machine operators, and MHI customer support
specialists, back-up leads, but excluding all leads and group leads, all clerical, managerial
and professional employees, guards, supervisors as defined by the Act and all other
employees.
Dated, Washington, D.C., May 30, 2014.
________________________________
Mark Gaston Pearce, Chairman
________________________________
Kent Y. Hirozawa, Member
________________________________
Harry I. Johnson, III, Member
(SEAL)
NATIONAL LABOR RELATIONS BOARD

community of interest with the Employer’s regular full and part-time employees. The record
shows that, whereas the regular full and part-time employees receive health, dental, and vision
coverage, vacation, group life insurance, and 401(k) and profit sharing benefits, the summer
associates are not eligible for any of these benefits. Moreover, opportunities for summer
associates to return the following summer are dependent upon their receipt of a positive job
evaluation and on a decision by the Employer to employ summer help the following year.
In the absence of exceptions, we adopt pro forma the hearing officer’s recommendations
to overrule the challenges to the ballots of Zaneth Brock and Ashley Burris. Because we adopt
the hearing officer’s recommendations to sustain the challenges to the summer associates’
ballots, we find, in agreement with the hearing officer, that the remaining challenged ballots are
not determinative and should not be opened and counted.