Kimball Motor Company

National Labor Relations Board - Unpublished Board Decisions

Dec 23, 2010

31-RC-008808 (N.L.R.B. Dec. 23, 2010)

NOT TO BE INCLUDED LBP
IN BOUND VOLUMES San Luis Obispo, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KIMBALL MOTOR CO.
Employer
and Case 31-RC-8808
INTERNATIONAL ASSOCIATION
OF MACHINISTS AND AEROSPACE
WORKERS, DISTRICT LODGE NO. 190,
LOCAL LODGE NO. 93
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board has considered objections to an election held
on June 18, 2010, 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 five for and three against the Petitioner, with one challenged ballot, an
insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and brief, and has
adopted the Regional Director’s findings and recommendations, and finds that a
certification of representative should be issued.1

1 We find that the Employer’s exceptions are “wholly lack[ing] in merit” and therefore
frivolous. Napili Shores Condominium Homeowners' Assn. v. NLRB, 939 F.2d 717, 721
(9th Cir. 1991).

2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for
International Association of Machinists and Aerospace Workers, District Lodge No. 190,
Local Lodge No. 93, and that it is the exclusive collective bargaining representative of
the employees in the following appropriate unit:
All full-time and regular part-time automotive technicians
employed by the Employer at its facility located at 1423
Calle Joaquin, San Luis Obispo, California, excluding
office clerical employees, sales employees, all other
employees, guards and supervisors as defined in the Act.
Dated, Washington, D.C., December 23, 2010.
______________________________________
Wilma B. Liebman, Chairman
______________________________________
Craig Becker, Member
______________________________________
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD