Werthan Packaging, Inc., 343 (2005)

National Labor Relations Board

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Werthan Packaging, Inc., 343 (2005)

Werthan Packaging, Inc. and Rick Holt, Petitioner and Paper, Allied-Industrial, Chemical and Energy Workers International Union, (PACE), AFL–CIO.  Case 26–RD–1104

August 26, 2005

DECISION AND CERTIFICATION OF RESULTS OF ELECTION

By Chairman Battista and Members Liebman and Schaumber

The National Labor Relations Board has considered objections to an election held on November 17 and 18, 2004, and the hearing officer’s report recommending disposition of them.  The election was conducted pursuant to a Stipulated Election Agreement.  The tally of ballots shows 92 for and 113 against the Union, with 3 challenged ballots, an insufficient number to affect the results.

The Board has reviewed the record in light of the exceptions and briefs, and, contrary to the hearing officerÂ’s recommendation, has decided to overrule the UnionÂ’s Objections 1, 2, and 14, and to certify the results of the election.[1]

Background Facts

The Employer operates a facility in Nashville, Tennessee, where it manufactures and prints various sizes of paper and plastic bags for pet food.  The Union won an election conducted in April 2000, and was certified as the bargaining representative of the Employer’s production and maintenance employees.

On June 22, 2004,[2] a decertification petition was filed. The election was schedule...

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