Jam Productions, Ltd.

National Labor Relations Board - Board Decisions

Apr 30, 2003

338 N.L.R.B. 1117 (N.L.R.B. 2003)

JAM PRODUCTIONS, LTD. 1117
Jam Productions, Ltd. and Treasurers and Ticket
Sellers Union, Local 750, International Alliance
of Theatrical Stage Employees, Moving Pictures
Technicians, Artists and Allied Crafts of the
United States and Canada. Case 13–RC–20697
April 30, 2003
DECISION AND DIRECTION
BY MEMBERS LIEBMAN, SCHAUMBER, AND WALSH
The National Labor Relations Board, by a three-
member panel, has considered determinative challenges
in a mail ballot election held between February 8 through
21, 2002, and the hearing officer’s report recommending
disposition of them. The tally of ballots shows three
votes were cast. The ballots remained unopened, as chal-
lenges have been filed to all three ballots.
We agree with the hearing officer’s recommendation
to overrule the Employer’s challenges to the ballots of all
three voters. The Employer contended that its loss of
potential business following the December 14, 2001 rep-
resentation hearing has resulted in the regular part-time
unit employees becoming casual employees. Contrary to
the hearing officer, we find that she could have properly
assessed the impact of not only the January 1, 2002 loss
of potential business from the Metro Theatre, but also the
January 15, 2002 loss of potential business from the Park
West Theatre, after the January 10, 2002 voter eligibility
cutoff date. See generally Beverly Manor Nursing Home,
310 NLRB 538 (1993) (unit per diem employee em-
ployed on eligibility cutoff date eligible to vote where
she worked 11.5 hours during week prior to eligibility
cutoff date and average of more than 7 hours per week
between eligibility cutoff date and date of the election);
Stockham Valve & Fittings, 222 NLRB 217, 218–219
(1976) (regular part-time employees employed on eligi-
bility cutoff date did not lose community of interest and
status as eligible voters because of substantial excused
absences during period between eligibility cutoff date
and date of the election). However, even considering the
Employer’s additional loss of potential business from the
Park West Theatre, between the eligibility cutoff date
and the date of the election, we find that that event is not
sufficient to undo the earlier finding that these employees
were regular part-time unit employees.
The Board has reviewed the record in light of the
exceptions and briefs, and has adopted the hearing
officer’s findings and recommendations.1

DIRECTION
IT IS DIRECTED that the Regional Director for Region
13 shall, within 14 days from the date of this Decision
and Direction, open and count all the ballots cast in this
election. The Regional Director shall then serve on the
parties a tally of ballots and issue the appropriate
certification.
1 Member Schaumber notes that he was not involved in the Board’s
previous denial of review of the Acting Regional Director’s Decision
and Direction of Election in this case, and expresses no opinion as to
the correctness of that denial.

338 NLRB No. 172