Hearthside Food Solutions

National Labor Relations Board - Unpublished Board Decisions

Apr 10, 2012

09-CA-046342 (N.L.R.B. Apr. 10, 2012)

London, Kentucky
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
HEARTHSIDE FOOD SOLUTIONS, LLC
and
BAKERY, CONFECTIONARY, TOBACCO WORKERS
AND GRAIN MILLERS INTERNATIONAL UNION, LOCAL
280, AFL-CIO-CLC
Cases 09-CA-046342
09-CA-060058
09-CA-060071
09-CA-060361
09-RC-018351
ORDER
AND
CERTIFICATION OF RESULTS OF ELECTION
On March 1, 2012, Administrative Law Judge Paul Buxbaum of the National Labor Relations
Board issued his Decision in the above-entitled proceeding and, on the same date, the proceeding was
transferred to and continued before the Board in Washington, D.C. The Administrative Law Judge found
that the Respondent has not engaged in certain unfair labor practices, and recommended that the
complaint be dismissed. The Administrative Law Judge also recommended that the Union’s objections
to the election held on June 2 and 3, 2011, be overruled, and that the results of the election be certified.
No statement of exceptions having been filed with the Board, and the time allowed for such filing
having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and Section 102.48
of the National Labor Relations Board Rules and Regulations, the Board adopts the findings and
conclusions of the Administrative Law Judge as contained in his Decision, and the recommended Order
of the Administrative Law Judge becomes the Order of the Board. Accordingly, the complaint is
dismissed.
In addition, as the Union failed to receive a majority of the valid ballots cast in the election
conducted on June 2 and 3, 2011, the Board will certify the results of the election.
1

1 The tally of ballots showed that there were 168 ballots cast for and 416 against the Union, with 1 void ballot and
8 challenged ballots, an insufficient number to affect the results.
2

CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for Bakery,
Confectionary, Tobacco Workers and Grain Millers International Union, Local 280, AFL-CIO-CLC, and
that it is not the exclusive representative of these bargaining unit employees.
Dated, Washington, D.C., April 10, 2012.
By direction of the Board:
Henry S. Breiteneicher
_____________________________
Associate Executive Secretary