Aaron Medical Transportation, Inc.

National Labor Relations Board - Unpublished Board DecisionsJun 19, 2013

22-RC-070888 (N.L.R.B. Jun. 19, 2013)

NOT INCLUDED PGB IN BOUND VOLUMES Hasbrouck Heights, NJ UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD AARON MEDICAL TRANSPORTATION, INC. Employer and Case 22-RC-070888 HUDSON COUNTY UNION LOCAL 1 AMALGAMATED Petitioner DECISION AND ORDER REMANDING The National Labor Relations Board has considered objections to an election held March 22, 2013, and the Regional Director’s report recommending disposition of them. The tally of ballots shows 26 for and 22 against the Petitioner, with 1 challenged ballot, an insufficient number to affect the results. The Board has reviewed the record in light of the exceptions1 and has adopted the Regional Director’s recommendations2 to overrule the Employer’s Objections 2, 3, and 4 as they do not raise substantial and material factual issues warranting a hearing.3 1 We have treated the Employer’s “Request for Review” as exceptions to the Regional Director’s Report on Objections. 2 The Regional Director directed a hearing on the Employer’s Objection 1. The hearing was held on May 15, 2013. 3 Contrary to the Employer’s contention, we find that the mere presence of union agents in the parking lot and sixth floor of the Employer’s premises, without more, does not constitute objectionable conduct sufficient to overturn the election. See, e.g., C & G Heating and Air Conditioning, Inc., 356 NLRB No. 133 (2011). In this regard, the Employer’s reliance on Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir. 2001), is misplaced. In that case, two union agents, sitting in a car within the area designated as a no-electioneering zone, motioned, honked, and gestured to employees arriving at the polling location. Here, there is no contention that any union representatives were stationed in a no-electioneering zone, made any statements or ORDER This proceeding is remanded to the Regional Director for appropriate action consistent with this Decision and Order. MARK GASTON PEARCE, CHAIRMAN RICHARD F. GRIFFIN, JR., MEMBER SHARON BLOCK, MEMBER Dated, Washington, D.C., June 19, 2013 threats to voters during the critical period, or violated the orders of any Board agent. See id.; see also All Seasons Climate Control, Inc. v. NLRB, 236 Fed. Appx. 636 (D.C. Cir. 2007).