Auer Electric

National Labor Relations Board - Unpublished Board Decisions

Nov 12, 2009

05-RC-016313 (N.L.R.B. Nov. 12, 2009)

NOT TO BE INCLUDED LS
IN BOUND VOLUMES Nottingham, MD
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AUER ELECTRIC
Employer
and Cases 5-RC-16313
5-CA-35007
5-CA-35091
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 24,
AFL-CIO
Petitioner
DECISION AND ORDER
The National Labor Relations Board has considered challenges to an election held
on June 9, 2009, 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 six for the Petitioner, nine against, with nine challenged ballots, a
Sufficient number to affect the results of the election.
The Board has reviewed the Report on Challenged Ballots, the Employer's
exceptions and brief, and the Petitioner brief in response, and has adopted the Regional
Director's findings and recommendations, and remands this proceeding to the Regional
Director for further appropriate action consistent with this decision.'
' Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated
to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the Board's powers in
anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007.
PUrRiant to this delegation, Chairman Liebman and Member Schaumber constitute a quorum of the three-
member group As a quorum, they have the authority to issue decisions and orders in unfair labor practice
and representation cases. See Sec. 3(b) of the Act. See Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d
Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130 (U.S. September 11, 2009) (No. 09-328); New Process
Steel v NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted, _ S.Ct. _, 2009 WL 1468482 (U.S. Nov. 2,
2009); Northeastern Land Services v. NLRB, 560 F.3d 36 0 st Cir. 2009), petition for cert. filed 78
ORDER
IT IS ORDERED that this proceeding is remanded to the Regional Director for
further appropriate action consistent with this decision.
Dated, Washington, D.C., November 12, 2009.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
U.S.L.W. 3098 (U.S. August 18, 2009) (No. 09-213). But see Laurel Baye Healthcare ofLake Lanier, Inc.
v NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for cert. filed, -U.S.L.W._ (U.S. September 29,
2009)(No. 09-377).
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