C.L.A.S.S., Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 26, 2014

01-RC-103308 (N.L.R.B. Feb. 26, 2014)

NOT INCLUDED IN MJS
BOUND VOLUMES Lawrence, MA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
C.L.A.S.S., INC.
and Case 01-RC-103308
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 509
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered
objections to an election held May 29, 2013, and the hearing officer’s report
recommending disposition of them. The election was conducted pursuant to a
Stipulated Election Agreement. The tally of ballots shows 48 for and 46 against the
Petitioner, with 1 challenged ballot, an insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and briefs, has
adopted the hearing officer’s findings and recommendations,1 and finds that a
certification of representative should be issued.

1 The Employer filed six objections, but withdrew Objections 4 and 5 prior to the hearing
and withdrew portions of Objection 3 during the hearing. The Employer has excepted to
the hearing officer’s recommendations to overrule Objections 1, 2, and 6. In the
absence of exceptions, we adopt pro forma the hearing officer’s recommendation to
overrule the remaining portions of Objection 3.
With respect to Objection 1, we find the Employer failed to meet its burden of
proving that the conduct of union organizers proximate to the voting area involved
electioneering or created an impression of surveillance warranting setting aside the
election. As to electioneering, the organizers were not shown to have engaged in
sustained conversation with any employees waiting in line to vote. As to impression of
surveillance, there is no evidence that the organizers positioned themselves so that
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Service
Employees International Union, Local 509 and that it is the exclusive collective-
bargaining representative of the employees in the following appropriate unit:
All full-time and regular part-time non-professional, direct-care employees
including but not limited to: case coordinators, case managers, career
specialists, care managers, day habilitation specialists, developmental
specialists, drivers, employment specialists, IDS specialists, job coaches,
SES employment specialists and monitors employed by the Employer in
North Andover, North Reading, and Lawrence, Massachusetts but
excluding professional employees (including but not limited to: behavioral
specialists, clinicians, nurses, occupational therapists, and occupational
therapy assistants), non-direct care employees (including but not limited
to: administrative, dispatchers, payroll, maintenance, and receptionists),
clerical employees, confidential employees, managers, guards, and
supervisors as defined in the Act.
Dated, Washington, D.C., February 26, 2014

___________________________________
Philip A. Miscimarra, Member
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member

employees would have to pass them in order to vote. Contrast with Pepsi-Cola Bottling
Co., 291 NLRB 578 (1988) (finding objectionable conduct where employees going to
vote were forced to walk past a “gauntlet” of boisterous union supporters in a no-
electioneering area). Further, there is no evidence that voters waiting in line to vote saw
or overheard one of the organizers asking employee Plaza how she had voted as she
was leaving the polling location, even assuming such evidence might warrant an
inference that this incident alone would lead employees to believe that upon exiting the
polls they would immediately be confronted by organizers asking how each person
voted.
3
(SEAL) NATIONAL LABOR RELATIONS BOARD