W.M. of New York, Inc.

National Labor Relations Board - Board Decisions

Sep 25, 1998

326 N.L.R.B. 1126 (N.L.R.B. 1998)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1126
W.M. of New York, Inc. d/b/a Waste Management of
New York, and Local 116, Production & Main-
tenance Employees Union, Petitioner. Case 29-
RC-8792
September 25, 1998
ORDER DENYING REVIEW
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel,
which has considered Local 813, League of International
Federated Employees’ [hereinafter “LIFE”] request for
review of the Regional Director’s Supplemental Decision
on Objections and Certification of Representative. The
request for review is denied as it raises no substantial
issues warranting review.
On January 15, 1998, the Petitioner, Intervenor,1 and
Employer stipulated, on the basis of the Employer’s and
Intervenor’s objections, that the original October 16,
1997 election was a nullity. Thereafter, on January 23,
1998, the Regional Director directed that a rerun election
be conducted on February 12, 1998. LIFE did not seek
to intervene in this proceeding until January 8, 1998, and
did not perfect its requisite showing of interest until
January 26, 1998.

1 Local Union No. 445, affiliated with Laborer’s International Un-
ion of North America, AFL-CIO.
In these circumstances, we agree with the Regional Di-
rector that LIFE’s motion to intervene and appear on the
ballot in this rerun election was properly denied, and,
therefore, that its objections were properly overruled.
The rerun election is not a “new” election, but is a “sub-
sequent phase of the first election.” Jeld-Wen of Everett,
Inc., 285 NLRB 118, 121 (1987). In an analogous situa-
tion, the Board has held that a labor organization which
did not seek a place on the ballot in the original election
may not thereafter be placed on the ballot in the runoff
election “which is merely a continuation of the original
proceeding.” General Motors Corp., 17 NLRB 466, 467
(1939).

326 NLRB No. 106