Park Chevrolet-Geo

National Labor Relations Board - Board Decisions

Sep 24, 1992

308 N.L.R.B. 1010 (N.L.R.B. 1992)

1010
308 NLRB No. 150
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The Employer did not come forward with evidence that estab-
lished a prima facie case in support of its objections. The burden
is on the objecting party to present evidence that raises substantial
and material factual issues. In the absence of such evidence, we can-
not conclude that the Regional Director’s decision to deny a hearing
was unreasonable. See Sec. 102.69, Board’s Rules and Regulations.
The Employer’s contention that the Regional Director erred in deny-
ing its request for subpoenas to compel testimony to satisfy its prima
facie evidentiary burden has no merit. A party’s right to subpoena
attaches only after the Board determines that there exist substantial
and material factual issues that warrant a hearing. See Sec. 11, Na-
tional Labor Relations Act, 29 U.S.C. § 151 et seq.; Secs. 102.69 and
102.66, Board’s Rules and Regulations.
Park Chevrolet-Geo, Inc and International Associa-
tion of Machinists & Aerospace Workers,
AFL–CIO, District 190, Local 1414, Petitioner.
Case 20–RC–16750
September 24, 1992
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS DEVANEY, OVIATT, AND
RAUDABAUGH
The National Labor Relations Board, by a three-
member panel, has considered objections to an election
held on May 22, 1992, and the Regional Director’s re-
port recommending disposition of them. The election
was conducted pursuant to a Stipulated Election
Agreement. The tally of ballots showed 6 for and 1
against the Petitioner.
The Board has reviewed the record in light of the
exceptions and brief, has adopted the Regional Direc-
tor’s findings and recommendations,1 and finds that a
certification of representative should be issued.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots
have been cast for International Association of Ma-
chinists & Aerospace Workers, AFL–CIO, District
190, Local 1414, and that it is the exclusive collective-
bargaining representative of the employees in the fol-
lowing unit:
All full-time and regular part-time technicians and
service advisors employed by the Employer at its
Redwood City location; excluding lubemen, detail
men, office clerical employees, guards and super-
visors as defined in the Act.