NCR Corporation

National Labor Relations Board - Board Decisions

Apr 6, 2016

07-RC-167851 (N.L.R.B. Apr. 6, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NCR CORPORATION
Employer
and 07-RC-167851
LOCAL 58, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS (IBEW), AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied, as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., April 6, 2016.

1 We reject the Employer’s contention that it was “extraordinarily prejudiced” by the hearing officer’s
decision not to allow the Employer to present testimony supporting its argument in favor of a manual-ballot election.
In addition to the reasons stated in the Regional Director’s Decision and Direction of Election at 1 fn. 3, we rely on
the Board’s Rules and Regulations Sec. 102.66(g)(1) (hearing officer is to solicit the parties’ positions regarding the
type of election “but shall not permit litigation of those issues”). In light of that unambiguous rule and established
Board practice, the Employer has failed to demonstrate that it could reasonably have relied on a purported statement
to the contrary. Further, the Employer was permitted to submit documentary evidence and to speak at length on the
issue, and it has not identified any other evidence that might have persuaded the Regional Director to direct a
manual election in this case.
Member Miscimarra agrees that the hearing officer properly refused to allow the Employer to present
testimony supporting its argument in favor of a manual-ballot election, and that the Employer was not prejudiced
thereby, for the reasons stated by the Regional Director in her Decision and Direction of Election. He does not rely
on Sec. 102.66(g)(1) of the Board’s Rules and Regulations.