Great Lakes Elevator LLC

National Labor Relations Board - Board Decisions

May 30, 2014

07-RC-115360 (N.L.R.B. May. 30, 2014)

PJS
Williamston, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GREAT LAKES ELEVATOR, LLC
Employer
and Case 07-RC-115360
INTERNATIONAL UNION OF ELEVATOR
CONSTRUCTORS, AFL-CIO
Petitioner
DECISION AND DIRECTION
The National Labor Relations Board, by a three-member panel, has considered a
determinative challenge in an election held December 4, 2013, and the hearing officer’s
report recommending disposition of it. The election was conducted pursuant to a
Stipulated Election Agreement. The revised tally of ballots shows 3 for and 2 against the
Petitioner, with 2 challenged ballots, a number sufficient to affect the results of the
election.
The Board has reviewed the record in light of the exceptions and briefs, and has
adopted the hearing officer’s findings1 and recommendations.2

1 The Employer has essentially 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 the absence of exceptions, we adopt pro forma the hearing officer’s recommendation
to overrule the challenge to the ballot of Ryan Chrysler.
2
DIRECTION
IT IS DIRECTED that the Regional Director for Region 7 shall, within 14 days
from the date of this Decision and Direction, open and count the ballots of John Novitsky
and Ryan Chrysler. The Regional Director shall then serve on the parties a revised tally
of ballots and issue the appropriate certification.
Dated, Washington, D.C., May 30, 2014
Mark Gaston Pearce, Chairman
Harry I. Johnson, III, Member
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD