Little Village Car Wash

National Labor Relations Board - Board Decisions

Sep 20, 2013

13-RC-104353 (N.L.R.B. Sep. 20, 2013)

Chicago, IL
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LITTLE VILLAGE CAR WASH
Employer
and
UNITED STEEL, PAPER & FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION
(USW), AFL-CIO, CLC
Petitioner
Case 13-RC-104353
DECISION, ORDER, AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board has considered objections to an election held
July 25, 2013, and the Regional Director's supplemental decision recommending
disposition of them. The election was conducted pursuant to a Decision and Direction of
Election. The tally of ballots shows 5 ballots cast for and 11 ballots cast against the
Petitioner, with 0 void ballots and 0 challenged ballots, an insufficient number to affect the
results.
No exceptions have been filed to the Regional Director's report within the time
provided. Accordingly, the Board adopts the Regional Director's findings and
recommendations.
IT IS ORDERED that the election conducted on July 25, 2013, be set aside and a
new election be conducted. 1

1 The Regional Director approved the Petitioner’s request to withdraw Objections 2 and 3. He further found
it unnecessary to make a determination regarding the merit of Objection 1 because he found merit to
Petitioner’s Objection 4. Accordingly, the Regional Director sustained Petitioner’s 4 and concluded that a
rerun election be conducted.
DIRECTION OF SECOND ELECTION
A second election by secret ballot shall be conducted among the employees in the
unit found appropriate whenever the Regional Director deems appropriate. The Regional
Director shall direct and supervise the election, subject to the Board’s Rules and
Regulations. Eligible to vote are those employed during the payroll period ending
immediately before the date of the Notice of Second Election, including employees who
did not work during that period because they were ill, on vacation, or temporarily laid off.
Also eligible are employees engaged in an economic strike that began less than 12
months before the date of the first election and who retained their employee status during
the eligibility period and their replacements. Jeld-Wen of Everett, Inc., 285 NLRB 118
(1987). Those in the military services may vote if they appear in person at the polls.
Ineligible to vote are employees who have quit or been discharged for cause since the
payroll period, striking employees who have been discharged for cause since the strike
began and who have not be rehired or reinstated before the election date, and employees
engaged in an economic strike that began more than 12 months before the date of the
first election and who have been permanently replaced. Those eligible shall vote whether
they desire to be represented for collective bargaining by UNITED STEEL, PAPER &
FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND
SERVICE WORKERS INTERNATIONAL UNION (USW), AFL-CIO, CLC.
To ensure that all eligible voters have the opportunity to be informed of the issues
in the exercise of their statutory right to vote, all parties to the election should have access
to a list of voters and their addresses that may be used to communicate with them.
Excelsior Underwear, 156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S.
759 (1969). Accordingly, it is directed that an eligibility list containing the full names and
addresses of all the eligible voters must be filed by the Employer with the Regional
Director within 7 days from the date of Notice of Second Election. North Macon Health
Care Facility, 315 NLRB 359 (1994). The Regional Director shall make the list available
to all parties to the election. No extension of time to file the list shall be granted by the
Regional Director except in extraordinary circumstances. Failure to comply with this
requirement shall be grounds for setting aside the election if proper objections are filed.
Dated, Washington, D.C., September 20, 2013.
By direction of the Board:
Farah Z. Qureshi
______________________________
Associate Executive Secretary