Correctional Medical Systems

National Labor Relations Board - Board Decisions

Sep 19, 1994

314 N.L.R.B. 1214 (N.L.R.B. 1994)

1214
314 NLRB No. 201
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 In its exceptions, the Employer contends, inter alia, that the Re-
gional Director erred in finding that its objections were untimely
filed because the Martin Luther King holiday, which fell 3 days after
the election, should have extended the filing deadline. We find no
merit in this contention. Sec. 102.111(a) of the Board’s Rules and
Regulations provides that when a filing period is 7 days in length,
as here, intermediate Saturdays, Sundays, and holidays are included
in the computation and that filing periods are extended to the next
working day only if the last day of the filing period falls on a week-
end or a holiday. Goody’s Family Clothing, 308 NLRB 181 (1992).
Correctional Medical Systems, Inc. and
OCSEA/American Federation of State, County
and Municipal Employees, AFL–CIO Local 11,
Petitioner. Case 8–RC–14988
September 19, 1994
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND DEVANEY
The National Labor Relations Board, by a three-
member panel, has considered objections to an election
held January 14, 1994, and the Regional Director’s re-
port recommending disposition of them. The election
was conducted pursuant to a Stipulated Election
Agreement. The tally of ballots shows 10 for and 6
against the Petitioner, with 2 challenged ballots, an in-
sufficient number to affect the results.
The Board has reviewed the record in light of the
exceptions and briefs, has adopted the Regional Direc-
tor’s findings and recommendations,1 and finds that a
certification of representative should be issued.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots
have been cast for OCSEA/American Federation of
State, County and Municipal Employees, AFL–CIO
Local 11 and that it is the exclusive collective-bar-
gaining representative of the employees in the fol-
lowing appropriate unit:
All full-time and regular part-time employees in-
cluding PRN (on-call) employees, registered
nurses, licensed practical nurses, medical records
clerk, x-ray technician, and dental technician em-
ployed by the Employer in the health care unit lo-
cated at Trumbull Correctional Institute located in
Leavittsburg, Ohio, but excluding all office cler-
ical employees, guards and supervisors as defined
in the Act and all other employees.
MEMBER DEVANEY, concurring and dissenting.
Contrary to the Regional Director, I would accept
the Employer’s objection as timely filed. As I indi-
cated in Goody’s Family Clothing, 308 NLRB 181,
182 (1992), I believe when a holiday occurs during the
first 6 days of a 7-day filing period, parties should be
accorded the full time period, as they are when the
holiday falls on the seventh day. The Regional Direc-
tor’s approach fails to accord the parties that full time
period and accordingly it is an approach I reject. See
also John I. Haas, Inc., 301 NLRB 300, 301 fn. 6
(second par.) (1991).
However, I agree with the Regional Director’s rec-
ommended overruling of the Employer’s objection on
its merits. As employee Yannerella’s discharge was the
subject of a pending charge alleging that the discharge
violated the Act, he was eligible to serve as an ob-
server in the election. Kellwood Co., 299 NLRB 1026
(1990). Contrary to the Employer’s argument, the fact
that the election was pursuant to a stipulated agree-
ment, rather than as a directed election, does not call
for a different result. See Kellwood, supra at 1029,
1033.