Jet Port Express

JET PORT EXPRESS 739 Holland Industries, Inc., d/b/a Jet Port Express and Automobile, Petroleum and Allied Indus- tries Employees Union Local No. 618, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case 14-RC--10179 30 June 1987 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN DOTSON AND MEMBERS STEPHENS AND CRACRAFT The National Labor Relations Board, by a three- member panel, has considered objections to an election held 25 February 1987 and the Regional Director's report recommending disposition of them. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 13 for and 5 against the Petitioner, with 0 challenged ballots. The Board has reviewed the record in light of the exceptions and brief, has adopted the Regional Director's findings and recommendations, and finds that a certification of representative should be issued. In his report the Regional Director stated that assuming arguendo Batts did solicit an employee's signature for an authorization card, he still would not be an agent of the Petitioner. In reaching this conclusion the Regional Director relied on, inter alia, Day/an Engineering, 262 NLRB 850 (1982). In the time since the Regional Director issued his report, the Board reconsidered its disposition of the agency issue in that earlier Day/an case and, in Daylan Engineering, 283 NLRB 803 (1987), set out a revised agency rule and issued an order, inter alia, vacating the earlier Certification of Represent- ative and remanding the case to the Regional Di- rector for direction of a second election. In this most recent Day/an decision (Davlan II), the Board, applying the common law agency doctrine of ap- parent authority, held that "in the absence of ex- traordinary circumstances, employees who solicit authorization cards should be deemed special agents of the union for the limited purpose of as- sessing the impact of statements about union fee waivers or other purported union policies that they make in the course of soliciting." 283 NLRB 803, 804. Assuming arguendo that Batts had solicited card signatures, he would nevertheless not be deemed an agent of the Petitioner under the agency rule of Davlan II with respect to the incident on which the Employer relies for its electioneering charge— namely, Batt's brief conversation with another em- ployee, while standing at least 25 feet (and perhaps as much as 100 feet) away from the polling area, in which the two agreed to wager a six-pack of beer on the outcome of the election. The incident was not alleged to have occurred in the course of card solicitation and it could not have been construed by any reasonable person as representing union "policy" concerning the election. CERTIFICATION OF REPRESENTATIVE It is certified that a majority of the valid ballots have been cast for Automotive, Petroleum and Allied Industries Employees Union and Local No. 618, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America 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 em- ployed by the Employer at its Lambert St. Louis Airport, St. Louis, Missouri facility, EX- CLUDING all office clerical and professional employees, guards, and supervisors as defined in the Act. 284 NLRB No. 86