Omni Waste Services

National Labor Relations Board - Board Decisions

Aug 16, 2011

22-RD-001552 (N.L.R.B. Aug. 16, 2011)

Paterson, New Jersey
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OMNI WASTE SERVICES, INC.
Employer
and
ANGEL PENA
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL UNION 945
Intervenor
Case 22-RD-1552
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board has considered challenged ballots in an election
held January 7, 2011, and the Administrative Law Judge's report recommending disposition of
them. The election was conducted pursuant to a Stipulated Election Agreement. The tally of
ballots shows 2 ballots cast for and 0 ballots cast against the Intervenor, with 6 challenged
ballots, a sufficient number to affect the results. 1
No exceptions have been filed to the Administrative Law Judge's report within the time
provided.2 Accordingly, the Board adopts the Administrative Law Judge's findings and

1 We adopt the Administrative Law Judge’s recommendation to sustain the challenges to the
ballots of Thomas Gallagher, Jr., Frank Ippolito, John Ott, Stafford Patterson and Angel Pena.
Thus, the challenge to the ballot of Luis Gonzalez is not determinative of the election results
and will not be opened or counted.
2 At the request of the Employer, the due date to file exceptions was extended to July 8, 2011.
recommendations,3 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 International
Brotherhood of Teamsters, Local Union 945 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, helpers, mechanics, welders,
compactor repairmen, painters, and utility men employed by the Employer at its
507 East 35th Street, Paterson, New Jersey facility; but excluding all office
clerical employees, managerial employees, guard and supervisors as defined in
the Act.
Dated, Washington, D.C., August 16, 2011
By direction of the Board:
/s/Farah Z. Qureshi
___________________________________
Associate Executive Secretary

3 The Administrative Law Judge recommended that the Regional Director issue a Certification
of Representative. Under Sec. 102.69 of the Board’s Rules and Regulations, the Board itself
has the authority to issue such a certification. Accordingly, the Administrative Law Judge’s
recommendation that a Certification of Representative be issued by the Regional Director is
not adopted, and instead we shall issue the appropriate certification.