TSL, Ltd.

National Labor Relations Board - Board Decisions

Sep 29, 2010

06-RC-012727 (N.L.R.B. Sep. 29, 2010)

NOTINCLUDED
IN BOUND VOLUMES
LBP
Green Tree and Williamsport, PA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TSL, LTD.
Employer
and Case 6-RC-1 2727
GENERAL TEAMSTERS, CHAUFFEURS AND
HELPERS, LOCAL NO. 249, A/W INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
Petitioner
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board, by a three-member panel, has
considered objections to an election held on April 23, 2010, and the hearing
officer's report recommending disposition of them. The election was conducted
pursuant to a Decision and Direction of Election. The revised tally of ballots
shows 10 votes for and 10 votes against the Petitioner, with no challenged
ballots.'
The Board has reviewed the record in light of the exceptions and briefs,
has decided to affirm the hearing officer's findings and recommendations, and
1 The initial tally of ballots showed 9 for and 6 against the Petitioner, with 9
challenged ballots. The parties resolved the challenges, resulting in a revised
tally of 10 for and 11 against the Petitioner. The hearing officer determined that
one of the ballots counted as a "no" vote was not clearly marked and should be
voided. There are no exceptions to that finding.
finds that a certification of results of election should be issued.2
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for
the General Teamsters, Chauffeurs and Helpers, Local No. 249, a/w International
Brotherhood of Teamsters, and that it is not the exclusive collective-bargaining
representative of these employees:
All full-time and regular part-time drivers, mechanics and utility
employees, employed by TSL, Ltd. and leased to Modern
Transportation Services, Inc. at the Green Tree and Williamsport,
Pennsylvania facilities; excluding office clerical employees, and
guards, professional employees and supervisors as defined in the
Act, and all other employees.
Dated, Washington, D.C. I September 29, 2010.
Wilma B. Liebman, Chairman
Craig Becker, Member
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2 We adopt the hearing officer's finding that the Regional Director did not abuse
his discretion by denying the Petitioner's request for a mail-ballot election. In
doing so, we observe that the Petitioner did not except to the hearing officer's
application of an abuse-of-discretion standard. We also find it unnecessary to
rely on the hearing officer's citation to GPS Terminal 'Services, Inc., 326 NLRB
839 (1998). That case does not stand for the proposition for which it was cited
by the hearing officer.
In its answering brief, the Employer argues that the Petitioner waived its
right to contest the Regional Director's direction of a manual election by failing to
file a special appeal following the direction of the election. Because we are
upholding the Regional Director's decision, we need not pass on the Employer's
waiver argument.
2