Penske Dedicated Logistics

373 320 NLRB No. 37 PENSKE DEDICATED LOGISTICS 1 All dates are in 1995 unless otherwise stated. 2 Sec. 103.20 provides: Posting of Election Notices.—(a) Employers shall post copies of the Board’s official Notice of Election in conspicuous places at least 3 full working days prior to 12:01 a.m. of the day of the election. In elections involving mail ballots, the election shall be deemed to have commenced the day the ballots are deposited by the Regional Office in the mail. In all cases, the notices shall remain posted until the end of the election. (b) The term ‘‘working day’’ shall mean an entire 24-hour pe- riod excluding Saturdays, Sundays, and holidays. (c) A party shall be estopped from objecting to nonposting of notices if it is responsible for the nonposting. An employer shall be conclusively deemed to have received copies of the election notice for posting unless it notifies the Regional Office at least 5 working days prior to the commencement of the election that it has not received copies of the election notice. (d) Failure to post the election notices as required herein shall be grounds for setting aside the election whenever proper and timely objections are filed under the provisions of section 102.69(a). Penske Dedicated Logistics, Inc. and Vincent Lopez, Petitioner, and Local 560, International Broth- erhood of Teamsters, AFL–CIO. Case 22–RD– 1157 December 21, 1995 DECISION AND CERTIFICATION OF RESULTS OF ELECTION BY CHAIRMAN GOULD AND MEMBERS BROWNING AND COHEN The National Labor Relations Board has considered an objection to an election held June 21 and 22, 1995,1 and the Regional Director’s report recommending dis- position of it. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 21 for and 37 against the Union, with no chal- lenged ballots. The Board has reviewed the record in light of the exceptions and briefs and adopts the Regional Direc- tor’s findings and recommendations only to the extent consistent with this decision. The Employer runs a trucking facility in Garfield, New Jersey, which operates 7 days a week, including Saturdays, Sundays, and holidays. The Employer em- ploys approximately 61 employees, including 22 part- time employees, who work only on Saturdays and Sun- days. On Friday, June 9, the Employer received from the Board’s Regional Office and posted the official No- tices of Election. The election notices were posted in the drivers’ room and in the dispatch office from that date through the final dates of the election. The Re- gional Director found that the Employer failed to com- ply with the Board’s Rules in that the notices did not remain posted until the end of the election. In support of this finding, he noted that the drivers’ room and dis- patch office where the official Notices of Election were posted were closed on Sunday and that approxi- mately 22 employees (36 percent of the unit) were reg- ular part-time employees who worked at the Employ- er’s facility only on Saturdays and Sundays. He appar- ently concluded that locking the areas where the no- tices were posted on Sundays was the equivalent of re- moving the notices for that period of time. Accord- ingly, he recommended that the election be set aside. We disagree. Section 103.20 of the Board’s Rules and Regulations provides that the Board’s official Notices of Election must be posted in conspicuous places at least 3 full working days prior to 12:01 a.m. of the day of the election and that the notices shall remain posted until the end of the election. Section 103.20 also provides that the term ‘‘working day’’ shall mean an entire 24- hour period excluding Saturdays, Sundays, and holi- days.2 The posting here met the literal language of the rule in that the notice was posted for 3 full working days and the notice, once posted, remained posted until the end of the election. Although we share the Regional Director’s concern that employees have access to elec- tion notices during the posting period we do not be- lieve the locking of the rooms on Sunday, in accord with the Employer’s customary practice, is the equiva- lent of taking the notice down for part of the posting period. Rather, we think this concern is more properly addressed in deciding whether the notice has been posted in conspicuous places. Here, full-time employ- ees had access to the notice for 3 full working days required by the Board’s Rules. Further, weekend part- time employees had access to the notice on 2 Satur- days prior to the election. In these circumstances we find that the Employer met its obligation to post no- tices in conspicuous places. We conclude, therefore, that the notices were posted in compliance with the Board’s Rules. Accordingly, we overrule the Union’s objection and certify the results of the election. CERTIFICATION OF RESULTS OF ELECTION IT IS CERTIFIED that a majority of the valid ballots have not been cast for Local 560, International Broth- erhood of Teamsters, AFL–CIO, and that it is not the exclusive bargaining representative of these bargaining unit employees.