Gelita, USA

National Labor Relations Board - Unpublished Board Decisions

Feb 16, 2010

18-RD-002690 (N.L.R.B. Feb. 16, 2010)

NOT TO BE INCLUDED LS
IN BOUND VOLUMES Port Washington, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ClNTAS CORPORATION
Employer
and Case 29-RC-1 1769
LOCAL 550, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
Petitioner
DECISION AND ORDER DIRECTING HEARING
The National Labor Relations Board' has considered objections to an election conducted
on August 6, 2009, and the Regional Director's report recommending disposition of them. The
election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows
29 for and 25 against Petitioner.
1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh
delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the
Board's powers in anticipation of the expiration of the terms of Members Kirsanow and Walsh
on December 31, 2007. Pursuant to this delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases. See Sec. 3(b) of the Act.
See Teamsters Local 523 v. NLRB, _F.3d , 2009 WL 4912300 (1 Oth Cir. Dec. 22, 2009);
Narricot Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir. 2009); Snell Island SNF LLC v. NLRB,
568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No.
09-328); New ProcessSteel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130 S.Ct. 488
(2009); Northeastern Land Services v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition for cert. filed
78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see Laurel Baye Healthcare Of Lake
Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for cert. filed 78 U.S.L.W. 3185
(U.S. Sept. 29, 2009) (No. 09-377).
The Board has reviewed the record in light of the Employer's exceptions and brief, and
finds that the Employer's exceptions raise substantial and material factual issues warranting a
hearing. 2
ORDER
IT IS HEREBY ORDERED that a hearing be held before a duly designated hearing
officer for the purpose of receiving evidence to resolve the issues raised by the Employer's
exceptions.
IT IS FURTHER ORDERED that the hearing office designated for the purpose of
conducting such hearing shall prepare and cause to be served on the parties a report containing
resolutions of credibility of witnesses, findings of facts, and recommendations to the Board as to
the disposition of the objections. Within 14 days from the date the report issues, either party
may file with the Board in Washington, D.C. eight copies of exceptions. Immediately upon the
filing of such exceptions, the filing party shall serve a copy on the other party, and shall file a
copy with the Regional Director. If no exceptions are filed, the Board will adopt the
recommendations of the hearing officer.
IT IS FURTHER ORDERED that this proceeding is remanded to the Regional Director
for Region 29 to arrange and issue notice of the hearing.
Dated, Washington, D.C., February 16, 2009.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2 Chairman Liebman dissented in Harborside Healthcare, Inc., 343 NLRB 906 (2004), and
remains of the view that it was wrongly decided. However, in an effort to expedite resolution of
this case, she agrees to remand for a hearing.
2