TOTAL FIRE PROTECTION

National Labor Relations Board - Unpublished Board Decisions

Apr 18, 2013

18-RC-096195 (N.L.R.B. Apr. 18, 2013)

Minneapolis, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TOTAL FIRE PROTECTION, INC.
Employer
and
ROAD SPRINKLER FITTERS LOCAL
UNION NO. 669, U.A., AFL-CIO
Petitioner
Case 18-RC-096195
DECISION AND ORDER
The National Labor Relations Board has considered challenges and objections to
a mail ballot election held between February 22, 2013 and March 6, 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 5
ballots cast for and 8 ballots cast against the Petitioner, with 2 void ballots and 9
challenged ballots, a sufficient number to affect the results.
No exceptions have been filed to the Regional Director's report within the time
provided. Accordingly, the Board adopts the Regional Director's findings and
recommendations.1

1
In light of the Petitioner’s withdrawal of its challenges to the ballots of Zachary Kieffer and
Timothy Mashek, the Regional Director directed that their ballots be opened and counted. The
Regional Director sustained the challenges to the ballots of Adam Lind and Steve Stanton. The
Regional Director was unable to determine the voting eligibility of Jeff Lewison, Cody Schmidt,
David McGuire, Bruce Medema, and James Moss. Accordingly, he recommended that their ballots
remain unopened pending the opening and counting of the above ballots, and that their eligibility
be determined, if needs be, in a hearing.
With respect to the objections, the Regional Director approved the Petitioner’s withdrawal of
Objections 4 and 5, and he concluded that the remaining Objections 1-3 raised substantial and
material issues of fact and law, which can best be resolved by a hearing.
2
ORDER
IT IS ORDERED that this proceeding is remanded to the Regional Director for
Region 18 for further appropriate action consistent with his report.
Dated, Washington, D.C., April 18, 2013.
By direction of the Board:
/s/Farah Z. Qureshi
______________________________
Associate Executive Secretary