FREEMAN

National Labor Relations Board - Board Decisions

Dec 24, 2013

15-RC-103693 (N.L.R.B. Dec. 24, 2013)

NOT TO BE INCLUDED PJS
IN BOUND VOLUMES New Orleans, LA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FREEMAN
Employer
and Case 15-RC-103693
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES, LOCAL 39
Petitioner
and
CARPENTERS LOCAL UNION NO. 1846
Intervenor
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered the
objections to an election held June 5, 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 43 for the Petitioner, 24 for the Intervenor, 1 against the participating
labor organizations, with 2 challenged ballots, an insufficient number to affect the results.
2
The Board has reviewed the record in light of the exceptions and brief, has adopted the
hearing officer’s findings1 and recommendations, 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 International
Alliance of Theatrical Stage Employees, Local 39, and that it is the exclusive collective-
bargaining representative of the employees in the following appropriate unit:
Included: All on-call employees of Freeman Decorating Services
Inc. working at, in, and around New Orleans, Louisiana, in
convention facilities and hotels only, including all checkers,
forklift operators, freight handlers and riggers who perform the
following types of service: the handling of exhibitor materials
from delivery vehicles to individual booths or exhibit space; the
driving of forklifts into and out of the truck at the show sites as
relates to the handling of exhibitor's materials to be removed from
individual booths or exhibit space and loading to delivery vehicles
and the handling of empty crates and containers at the show sites
and any and all rigging, operating lift equipment and other
equipment, excluding cranes at any site designed by the company.
Excluded: All office clerical employees, professional employees,
salesman, guards and supervisors as defined in the National Labor
Relations Act.
Dated, Washington, D.C., December 24, 2013.
_____________________________
Mark Gaston Pearce, Chairman
_____________________________
Harry I. Johnson, III, Member
_____________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 In the circumstances of this case, we find it unnecessary to rely on the hearing officer’s finding
that the Employer waived its objections by not raising them at the pre-election conference.
Compare Bosart Co., 314 NLRB 245, 247 (1994) (union’s post-election objection timely where
union was unaware of identity and supervisory status of the observer prior to the election).