Garda CL Southeast, Inc.

National Labor Relations Board - Board Decisions

Dec 3, 2013

12-RC-100410 (N.L.R.B. Dec. 3, 2013)

1
NOT TO BE INCLUDED MHJ
IN BOUND VOLUMES Orlando, FL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GARDA CL SOUTHEAST, INC.
Employer
and Case 12-RC-100410
INTERNATIONAL UNION, SECURITY,
POLICE AND FIRE PROFESSIONALS OF
AMERICA (SPFPA)
Petitioner
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board, by a three-member panel, has considered objections
to an election held April 25, 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 39 for and 44 against the Petitioner, with 5 challenged ballots, an insufficient
number to affect the results.1
The Board has reviewed the record in light of the exceptions and brief, has adopted the
hearing officer’s findings2 and recommendations, and finds that a certification of results of
election should be issued.3

1 We grant the Petitioner’s request to withdraw its Objection No. 1. The Petitioner withdrew its
Objections 9-12 at the hearing. In the absence of exceptions, we adopt pro forma the hearing
officer's recommendations that Objections 3, 4 and 5 be overruled.
2 The Petitioner has implicitly 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
2
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for International
Union, Security, Police and Fire Professionals of America (SPFPA), and that it is not the
exclusive representative of these bargaining unit employees.
Dated, Washington, D.C., December 3, 2013
___________________________________
Philip A. Miscimarra, Member
___________________________________
Kent Y. Hirozawa, Member
___________________________________
Harry I. Johnson, III Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

Co., 118 NLRB 1359, 1361 (1957). We have carefully examined the record and find no basis for
reversing the findings.
3 Member Hirozawa would sustain Objection 6 and set aside the results of the election because of
the Employer’s scheduling, three days before the election, of a mandatory meeting the day of the
election. See Rivers Casino, 356 NLRB No. 142, slip op. at 3 (2011).