JTJ Trucking

National Labor Relations Board - Board Decisions

May 16, 1994

313 N.L.R.B. 1240 (N.L.R.B. 1994)

1240
313 NLRB No. 217
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 We agree with the hearing officer’s finding that the Union did
not threaten employees with a loss of health benefits and did not en-
gage in objectionable conduct. The Union represented to employees
that should it lose the election, the employees would not be covered
under the Union’s health plan but rather would receive the health
benefits provided by the Employer, if any. The Union did not threat-
en employees but rather truthfully represented to employees that its
health coverage would be unavailable to employees should it not be
selected as their representative. The Union was engaged in permis-
sible give-and-take campaigning with the Employer regarding the
merits of unionization and the advantages of the parties’ respective
health coverage.
We note that the Union had been decertified as the employees’
representative approximately 1 month prior to the election, and that
the employees apparently maintained their coverage under the
Union’s health plan during the interim period between the decerti-
fication and the instant election. This is not a case, however, where
an incumbent union engages in objectionable conduct by threatening
to cut off union benefits before the results of a decertification vote
are final. Compare Bell Security, 308 NLRB 80 (1992).
JTJ Trucking, Inc.; JJJ Trucking, Inc.; Thermo
Express, Inc. and Brotherhood of Teamsters
and Auto Truck Drivers, Local No. 70 of Ala-
meda County, International Brotherhood of
Teamsters, AFL–CIO, Petitioner. Case 32–RC–
3637
May 18, 1994
SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVE
BY MEMBERS STEPHENS, DEVANEY, AND
BROWNING
The National Labor Relations Board, by a three-
member panel, has considered objections to an election
held April 12, 1993, and the hearing officer’s report
recommending disposition of them. The election was
conducted pursuant to a Stipulated Election Agree-
ment. The revised tally of ballots shows 19 for and 18
against the Petitioner, with no challenged ballots.
The Board has reviewed the record in light of the
Employer’s exceptions and brief, has adopted the hear-
ing 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 Brotherhood of Teamsters and Auto
Truck Drivers, Local No. 70 of Alameda County,
International Brotherhood of Teamsters, AFL–CIO,
and that it is the exclusive collective-bargaining rep-
resentative of the employees in the following appro-
priate unit:
All full-time and regular part-time drivers em-
ployed by JTJ Trucking, Inc.; JJJ Trucking, Inc.;
and Thermo Express, Inc., located at 31281
Wiegman Drive, Hayward, California, and 4201
Gibraltar Court, Stockton, California; excluding
all other employees, professional employees, of-
fice clerical employees, guards, and supervisors,
as defined in the Act.