Jet Port Express

National Labor Relations Board - Board Decisions

Jun 30, 1987

284 N.L.R.B. 739 (N.L.R.B. 1987)

JET PORT EXPRESS 739
Holland Industries, Inc., d/b/a Jet Port Express
and Automobile, Petroleum and Allied Indus-
tries Employees Union Local No. 618, affiliated
with International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America, Petitioner. Case 14-RC--10179
30 June 1987
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN DOTSON AND MEMBERS
STEPHENS AND CRACRAFT
The National Labor Relations Board, by a three-
member panel, has considered objections to an
election held 25 February 1987 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 13 for and 5 against the Petitioner, with 0
challenged ballots.
The Board has reviewed the record in light of
the exceptions and brief, has adopted the Regional
Director's findings and recommendations, and finds
that a certification of representative should be
issued.
In his report the Regional Director stated that
assuming arguendo Batts did solicit an employee's
signature for an authorization card, he still would
not be an agent of the Petitioner. In reaching this
conclusion the Regional Director relied on, inter
alia, Day/an Engineering, 262 NLRB 850 (1982). In
the time since the Regional Director issued his
report, the Board reconsidered its disposition of the
agency issue in that earlier Day/an case and, in
Daylan Engineering, 283 NLRB 803 (1987), set out
a revised agency rule and issued an order, inter
alia, vacating the earlier Certification of Represent-
ative and remanding the case to the Regional Di-
rector for direction of a second election. In this
most recent Day/an decision (Davlan II), the Board,
applying the common law agency doctrine of ap-
parent authority, held that "in the absence of ex-
traordinary circumstances, employees who solicit
authorization cards should be deemed special
agents of the union for the limited purpose of as-
sessing the impact of statements about union fee
waivers or other purported union policies that they
make in the course of soliciting." 283 NLRB 803,
804.
Assuming arguendo that Batts had solicited card
signatures, he would nevertheless not be deemed an
agent of the Petitioner under the agency rule of
Davlan II with respect to the incident on which the
Employer relies for its electioneering charge—
namely, Batt's brief conversation with another em-
ployee, while standing at least 25 feet (and perhaps
as much as 100 feet) away from the polling area, in
which the two agreed to wager a six-pack of beer
on the outcome of the election. The incident was
not alleged to have occurred in the course of card
solicitation and it could not have been construed
by any reasonable person as representing union
"policy" concerning the election.
CERTIFICATION OF
REPRESENTATIVE
It is certified that a majority of the valid ballots
have been cast for Automotive, Petroleum and
Allied Industries Employees Union and Local No.
618, affiliated with International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers
of America and that it is the exclusive collective-
bargaining representative of the employees in the
following appropriate unit:
All full time and regular part-time drivers em-
ployed by the Employer at its Lambert St.
Louis Airport, St. Louis, Missouri facility, EX-
CLUDING all office clerical and professional
employees, guards, and supervisors as defined
in the Act.
284 NLRB No. 86