S.E. Clemons Inc.

National Labor Relations Board - Board Decisions

Feb 27, 2014

31-RC-108048 (N.L.R.B. Feb. 27, 2014)

Adelanto, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
S.E. CLEMONS INC.
Employer
and
SHEET METAL, AIR, RAIL,
TRANSPORTATION WORKERS,
LOCAL UNION 105, AFL-CIO
Petitioner/Union
Case 31-RC-108048
DECISION AND DIRECTION
The National Labor Relations Board has considered challenged ballots in
an election held November 8, 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 3 ballots cast for and 3
ballots cast against the Petitioner, with 4 challenged ballots, a sufficient number
to affect the results.
No exceptions have been filed to the hearing officer's report within the
time provided. Accordingly, the Board adopts the hearing officer's findings and
recommendations.1

1 The Board agent conducting the election challenged the ballots of Casey
Holmes, Dylan Patrick McIndoo, James Wilcox, and Dale Eugene Brink because
their names were not on the Excelsior list. The Hearing Officer recommended
that the challenges to the ballots of Casey Holmes and Dylan Patrick McIndoo be
overruled, and the challenges to the ballots of James Wilcox and Dale Eugene
2
DIRECTION
IT IS DIRECTED that the Regional Director for Region 31 shall, within 14
days of this direction, open and count the ballots of Casey Holmes and Dylan
Patrick McIndoo, and thereafter prepare and serve on the parties a revised tally
of ballots, and issue the appropriate certification.
Dated, Washington, D.C., February 27, 2014.
By direction of the Board:
/s/Roxanne L. Rothschild
______________________________
Associate Executive Secretary

Brink be sustained. The Hearing Officer further recommended that the ballots of
Casey Holmes and Dylan Patrick McIndoo be opened and counted, and that a
revised Tally of Ballots and appropriate certification be issued.