Con-way Freight Inc.

National Labor Relations Board - Board Decisions

May 27, 2015

31-RC-136543 (N.L.R.B. May. 27, 2015)

NOT INCLUDED IN PMH
BOUND VOLUMES Los Angeles, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CON-WAY FREIGHT INC.
Employer
and Case 31–RC–136543
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 63
Petitioner
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board, by a three-member panel, has considered
an objection to an election held October 23, 2014, and the hearing officer’s report
recommending disposition of it. The election was conducted pursuant to a Stipulated
Election Agreement. The tally of ballots shows 16 for and 17 against the Petitioner, with
no challenged ballots.
The Board has reviewed the record in light of the exceptions and briefs, has
adopted the hearing officer’s findings1 and recommendations,2 and finds that a
certification of results of election should be issued.

1 The Petitioner has excepted to some of the hearing officer's credibility findings.
The Board's established policy is not to overrule a hearing officer's credibility resolutions
unless the clear preponderance of all the relevant evidence convinces us that they are
incorrect. Stretch-Tex Co., 118 NLRB 1359, 1361 (1957). We have carefully examined
the record and find no basis for reversing the findings.
2 In adopting the hearing officer’s recommendation to overrule the Petitioner’s
election objection, we rely solely on the Petitioner’s failure to establish that the
Employer announced or granted a raise in pay to bargaining unit employees during the
critical period. In making this determination, we rely on our own review of the record
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for
International Brotherhood of Teamsters, Local 63, and that it is not the exclusive
representative of these bargaining unit employees.
Dated, Washington, D.C., May 27, 2015.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Kent Y. Hirozawa, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

and the hearing officer’s credibility findings. Accordingly, we find it unnecessary to rely
on the portions of the hearing officer’s report analyzing whether the alleged
objectionable conduct would have warranted setting aside the election had its
occurrence been proved, including but not limited to the hearing officer’s discussion of
B&D Plastics, 302 NLRB 245 (1991), and his statement that the alleged objectionable
conduct was “remote in time” from the election.
Member Miscimarra joins his colleagues in overruling the Petitioner’s election
objection and notes that the Petitioner’s sole witness, union organizer Shaun Martinez,
testified that unnamed employees told him that the Employer’s president promised them
a wage increase, and that the promise was made during the critical period between the
filing of the election petition and the election. However, Martinez refused to identify the
employees to whom the promise purportedly was made, and the Petitioner did not offer
any other evidence in support of its objection. On this record, Member Miscimarra
agrees that the Petitioner failed to satisfy its burden to prove that objectionable conduct
occurred. Cf. Sonoco Protective Solutions, 04-RC-128714. 2014 WL 7149608, slip op.
at 1 (Dec. 15, 2014) (Member Miscimarra, concurring) (overruling without a hearing the
employer’s election objections where the employer refused to provide the names of the
employees to whom alleged threatening statements were made by union supporters or
the names of the union supporters who allegedly made the threats).