First Student, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 20, 2010

07-UD-000564 (N.L.R.B. Dec. 20, 2010)

NOT TO BE INCLUDED LBP
IN BOUND VOLUMES Grand Rapids, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FIRST STUDENT, INC.
Employer
and
DIANA LEHMAN, an Individual Case 7-UD-564
Petitioner
and
TEAMSTERS LOCAL NO. 7, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
Union
DECISION AND ORDER
The National Labor Relations Board, by a three-member
panel, has considered the Union’s challenges to the ballots
of Sharon Faher and Pamela Black in a deauthorization
election held on May 7, 2010, and the Hearing Officer’s
Report recommending disposition of them. The election was
conducted pursuant to an agreement by the parties.
The tally of ballots shows 34 in favor of “withdrawing
the authority of the bargaining representative to require,
under its agreement with the Employer, that employees make
certain lawful payments to the Union in order retain their
jobs,” and 27 against, with 2 challenged ballots, which are
determinative of the outcome of the election.
The Board has reviewed the Report and Recommendations
on Determinative Challenged Ballots, and the Union’s
exceptions, and has adopted the Hearing Officer’s findings
and recommendations.1 Accordingly, we shall overrule the

1In finding employees Black and Faher to be eligible voters,
we rely not only on their status as dual-function
employees, but also on the Union having previously treated
them as members of the bargaining unit for union-security
2
challenges to the ballots of Pamela Black and Sharon Faher
and direct that they be opened and counted.

purposes (including having the employer deduct union dues
from their paychecks). See Romac Containers, 190 NLRB 238,
239 (1971)(the parties had agreed that the union security
provisions of the collective-bargaining agreement would be
applicable to challenged summer students).
3
ORDER
IT IS ORDERED that this proceeding is remanded to the
Regional Director for further appropriate action.
Dated, Washington, D.C., December 20, 2010.
__________________________________
Wilma B. Liebman, Chairman

____________________________
Craig Becker, Member
____________________________
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD