The Summary of NLRB decisions for the week of August 3 – 7, 2015, is now available.

Summarized Board Decisions

Student Transportation of America, Inc. (04-RC-113131; 362 NLRB No. 156) Levittown, PA, August 3, 2015.

The Board agreed with the judge’s recommendation to overrule challenges to the ballots of two employees.  A Board panel majority consisting of Members Hirozawa and McFerran found that a vice president of the Employer implicitly threatened unit employees with job loss if the employees voted in favor of the Union.  Specifically, at two meetings held with employees before the election, the vice president, while discussing “what would happen in the Union got in,” stated that the Employer “had it written into [its] contract” with the Township that the Employer “could walk away” from the contract if operations “became too costly.”  Members Hirozawa and McFerran found that the executive’s statement, which was made shortly before the election and was widely disseminated to members of the bargaining unit, reasonably tended to interfere with employee free choice in the election.  Accordingly, Members Hirozawa and McFerran directed that the two challenged ballots be opened and counted, and a second election be held if the Petitioner does not prevail in the revised tally.  If the Petitioner prevails, Members Hirozawa and McFerran directed the Regional Director to issue a certification of representative.  Member Johnson dissented.  He found that the vice president’s comment was too vague and attenuated to constitute a threat of reprisal if the employees voted for the Union.  Accordingly, he would direct that an appropriate certification be issued after the two challenged ballots are opened and counted.  Petitioner—International Brotherhood of Teamsters, Local 115.  Members Hirozawa, Johnson and McFerran participated.

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