Everett Products, Inc.

EVERETT PRODUCTS 309 Everett Products, Inc. and District Lodge No. 64 International Association of Machinists and Aerospace Workers, AFL-CIO. Case 1-RC- 18911 16 December 1987 DECISION AND CERTIFICATION OF RESULTS OF ELECTION 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 20 August 1987 and the Regional Di- rector's report recommending disposition of them. The election was conducted pursuant to a Stipulat- ed Election Agreement. The tally of ballots shows 17 for and 23 against the Petitioner, with 6 chal- lenged ballots, an insufficient number to affect the results. The Board has reviewed the record in light of the exceptions and briefs, has adopted the Regional Director's findings and recommendations, and finds that a certification of results of election should be issued. As mentioned above, the election in this case was conducted on 20 August 1987. On 31 August 1987 the Regional Office received by certified mail' from the Petitioner objections to the conduct of the election and conduct affecting the results of the election . In considering the timeliness of the Petitioner's objections, the Regional Director relied on Sections 102.69 (a) and 102. 111(b) of the Board's Rules and Regulations . According to these sec- tions, a party may file objections to the conduct of the election or to conduct affecting the results of the election within 7 days after the tally of ballots has been prepared and, in order to be timely, such objections must be received on or before the close of business of the last day for filing . Thus, the Re- gional Director found that the last day for filing objections in this case was 27 August 1987, and the Petitioner's objections were not timely filed. The Board recently found in Drum Lithogra- phers, 287 NLRB 22 (1987), that Section 102.111 of the Board's Rules and Regulations, as revised effec- tive 29 September 1986, provides generally that any document postmarked on the day before (or earlier than) the due date will be timely regardless of actual receipt. Five specific types of documents, however, including "election objections," are ex- pressly excluded from the postmark rule and "must be received on or before the close of business of the last day of filing" (emphasis added).2 Therefore, as stated in Drum Lithographers, supra, we find that the Board's rule is explicit: ob- jections to elections must be received within 7 days. Accordingly, the Regional Director's rejection of Petitioner's election objections as untimely is af- firmed. CERTIFICATION OF RESULTS OF ELECTION IT IS CERTIFIED that a majority of the valid bal- lots have not been cast for District Lodge No. 64, International Association of Machinists and Aero- space Workers, AFL-CIO and that it is not the ex- clusive representative of these bargaining unit em- ployees. MEMBER CRACRAFT, dissenting. I would consider the Petitioner's objections to the election timely because they were postmarked 3 days before they were due at the Regional Office. See my dissent in Drum Lithographers, 287 NLRB 22 (1987). 1 The postmark on the envelope indicated that the objections were mailed from Washington, D C, on 24 August 1987 2 See Sec. 102.111(b), supra. 287 NLRB No. 32