Audio Visual Services Group, Inc. d/b/a PSAV Presentation Services

National Labor Relations Board - Unpublished Board Decisions

May 19, 2016

19-RC-161471 (N.L.R.B. May. 19, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AUDIO VISUAL SERVICES GROUP, INC.,
d/b/a PSAV PRESENTATION SERVICES
Employer
and 19-RC-161471
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, LOCAL 15
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election and the Decision on Challenges and Objection and Certification of Representative is
denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., May 19, 2016.

1 Member Miscimarra believes the instant case highlights some of the inherent disadvantages
associated with conducting a mail-ballot election rather than a manual election, especially
considering that four ballots mailed by four eligible voters were never received by the Region,
and the Region did not count three other ballots received after the tally was conducted. Each of
these problems involved a potentially determinative number of ballots, given that the tally was
36-33 in favor of the Union. However, Member Miscimarra agrees that the Regional Director
did not abuse his discretion in conducting a mail-ballot election. He further believes that the
instant case is materially different from Classic Valet Parking, 363 NLRB No. 23 (2015), and
Premier Utility Services, LLC, 363 NLRB No. 159 (2016), two cases in which Member
Miscimarra dissented based on this view that fundamental breakdowns in the mail-ballot election
warranted rerun elections. In this case, Member Miscimarra concurs with the denial of review
based on the high level of participation in the election, the relatively small (though possibly
determinative) number of voters who were potentially disenfranchised, and the absence of
substantial irregularities in the Region's adherence to the Board's mail-ballot procedures.