Structural Concrete Products, LLC

National Labor Relations Board - Board Decisions

Jun 6, 2014

05-RC-116939 (N.L.R.B. Jun. 6, 2014)

1
NOT INCLUDED IN PJS
BOUND VOLUMES Manassas, VA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
STRUCTURAL CONCRETE PRODUCTS, LLC
Employer
and Case 05-RC-116939
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 77, AFL-CIO
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered objections
to an election held on December 13, 2013, and the Regional Director’s Report recommending
disposition of them. The election was conducted pursuant to a Stipulated Election Agreement.
The tally of ballots shows 4 for and 3 against the Petitioner, with no challenged ballots.
The Board has reviewed the record in light of the exceptions and brief, has adopted the
Regional Director’s findings and recommendations,1 and finds that a certification of
representative should be issued.

1
We agree with the Regional Director that the Employer has failed to raise any substantial and
material factual issues requiring a hearing with respect to its objections. Sec. 102.69 (d) of the
Board’s Rules and Regulations. With respect to the Employer’s Objection No. 3(b), the
Employer points to Union representatives’ remaining in a car parked on the Employer’s lot
within view of employees entering the facility to vote. In finding that this objection was
properly overruled without a hearing, we rely also on the absence of any evidence that the Union
agents spoke to voters while at that location or that they were at any time present in the polling
location itself or in any designated non-electioneering area. With respect to Objection No. 3(d),
and the conduct of the Board agent in connection with advising an employee of his voting rights,
we rely also on the absence of any evidence that the agent expressed any personal opinions that
would tend to undermine confidence in the Board’s election process or that would reasonably be
2
CERTIFICATION OF REPRESENTATIVE
It is certified that a majority of the valid ballots have been cast for International Union of
Operating Engineers, Local 77, AFL-CIO, and that it is the exclusive collective-bargaining
representative of the employees in the following appropriate unit:
All full-time and regular part-time Equipment Operators and Mechanics employed by the
Employer at its Manassas, Virginia facility, but excluding all office clerical employees,
professional employees, managerial employees, guards and supervisors as defined by the
Act.
Dated, Washington, D.C., June 6, 2014.
_______________________________
Mark Gaston Pearce, Chairman
_______________________________
Harry I. Johnson, III, Member
_______________________________
Nancy Schiffer, Member
NATIONAL LABOR RELATIONS BOARD
[SEAL]

interpreted as impairing the election standards the Board seeks to maintain. Sonoma Health
Care Center, 342 NLRB 933 (2004).