A & B HVAC SERVICES, INC.

National Labor Relations Board - Unpublished Board Decisions

Jun 3, 2013

22-RC-089630 (N.L.R.B. Jun. 3, 2013)

Somerset, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
A & B HVAC SERVICES, INC.
Employer
and
SHEET METAL WORKERS LOCAL
UNION 25
Petitioner
Case 22-RC-089630
DECISION AND ORDER
The National Labor Relations Board has considered challenged ballots and
objections in an election held November 15, 2012, and the Regional Director's report
recommending disposition of them. The election was conducted pursuant to a Stipulated
Election Agreement. The revised tally of ballots shows 1 ballot cast for and 1 ballot cast
against the Petitioner, with 4 challenged ballots, a sufficient number to affect the results.1
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.2

1The Regional Director found that the challenged ballots of voters Michael Estok, Daniel
Martinez, Levie Steele, and Arturo Yanez, Jr., raise substantial and material issues which
can best be resolved on the basis of record testimony at a hearing. The Regional Director
found the same with respect to the Petitioner’s objections relating to the Employer’s
interrogation and threats of employees.
2 The Regional Director recommended overruling the Petitioner’s Objection that asserts
that the Employer interfered with the election by terminating voters Michael Estok, Daniel
Martinez, and Levie Steele, and further recommended that the allegations raised in
connections with their discharges in Case 22-CA-093446 do not provide a basis for
concluding that they should be found to be eligible voters.
2
ORDER
IT IS ORDERED that this proceeding is remanded to the Regional Director for
Region 22 for further appropriate action consistent with his report.
Dated, Washington, D.C., June 3, 2013.
By direction of the Board:
/s/Farah Z. Qureshi
______________________________
Associate Executive Secretary