Four Seasons Environmental, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 29, 2015

10-RC-144025 (N.L.R.B. Oct. 29, 2015)

NOT INCLUDED PHMc
IN BOUND VOLUMES Atlanta, GA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FOUR SEASONS ENVIRONMENTAL, INC.
Employer
and Case 10-RC-144025
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 926
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered objections
to an election held February 19, 2015, 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 102 for and 72 against the Petitioner, with 2 blank ballots and 0 challenged ballots.
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
hearing officer’s findings1 and recommendations, and finds that a certification of representative
should be issued.

1 The Employer has excepted to some of the hearing officer’s credibility findings. The Board’s
established policy is not to overrule a hearing officer’s credibility resolutions unless the clear
preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex Co.,
118 NLRB 1359, 1361 (1957). We have carefully examined the record and find no basis for
reversing the findings.
In addition, some of the Employer’s exceptions allege that the hearing officer’s rulings,
findings, and conclusions demonstrate bias and prejudice. On careful examination of the hearing
officer’s report and the entire record, we are satisfied that the Employer’s contentions are
without merit.
The Employer also excepts to several procedural and evidentiary rulings made by the
hearing officer. After a close review of the record, we are satisfied that the hearing officer's
rulings did not prejudice the Employer in the presentation of its case.
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for International
Union of Operating Engineers, Local 926, and that it is the exclusive collective-bargaining
representative of the employees in the following appropriate unit:
All full-time and regular part-time electricians, general maintenance workers, HVAC,
plumbers/pipefitters, plumbers, pipefitters, carpenters/painters, millwrights, HVAC refrigeration,
electronic technicians, lawn and garden personnel, personnel assistants, stationary engineers,
general mechanics, groundskeepers, boiler technicians, gas operators and leads employed by the
Employer at its facilities located at 1600 Clifton Road, NE, Atlanta, Georgia; 4770 Buford
Highway, Chamblee, Georgia; 692 Webb Gin House Road, Lawrenceville, Georgia; and 3719 N.
Peachtree Road, Chamblee, Georgia; but excluding all office clerical employees, guards and
supervisors as defined by the Act.
Dated, Washington, D.C.,
__________________________
Mark Gaston Pearce, Chairman
__________________________
Kent Y. Hirozawa, Member
__________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD