ENGLEWOOD AUTO GROUP, LLC.

National Labor Relations Board - Unpublished Board Decisions

Jun 26, 2012

22-RC-071848 (N.L.R.B. Jun. 26, 2012)

NOT INCLUDED IN PGB
BOUND VOLUMES Englewood, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ENGLEWOOD AUTO GROUP, LLC.
Employer
and Case 22-RC-071848
LOCAL 259, UNITED AUTO WORKERS,
AFL-CIO
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered a
determinative challenge in an election held February 10, 2012, and the Regional Director’s
report recommending disposition of it. The election was conducted pursuant to a Stipulated
Election Agreement. The Tally of Ballots shows 9 votes for and 7 votes against Petitioner, with
2 challenged ballots,1 a number sufficient to affect the results.
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
Regional Director’s findings and recommendations, and finds that a Certification of
Representative should be issued.2

1 The Regional Director’s report addresses only the challenged ballot of Joseph Delgado.
2 The Employer argues that contrary to the Regional Director’s finding, employee Joseph
Delgado was eligible to vote. We reject the Employer’s position. Here, there was no evidence
submitted that, during the eligibility period, Delgado had completed his online, preliminary
training and had been released for the actual performance of bargaining-unit work. Compare
CWM, Inc., 306 NLRB 495, 496 (1992) (employees at issue were eligible voters: they had
completed training and were released and “working,” i.e., able to perform bargaining-unit work
during the eligibility period).
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Local 259,
United Auto Workers, AFL-CIO, and that it is the exclusive collective bargaining representative
of the employees in the following appropriate unit:
All full-time and regular part-time technicians, parts employees, porters and
service writers employed by the Employer at its Englewood, New Jersey facility,
but excluding all office clerical employees, managers, guards and supervisors as
defined in the Act, and all other employees.
Dated, Washington, D.C., June 26, 2012
____________________________________
Mark Gaston Pearce, Chairman
____________________________________
Richard F. Griffin, Jr., Member
____________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD