Go Ahead North America, LLC, (2011)

NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

Go Ahead North America, LLC and Hortense Moss Petitioner and Local 509, Laborers2019 International Union of North America, AFL2013CIO.¹ Case 142013RD20131946

July 18, 2011

DECISION AND DIRECTION OF SECOND

ELECTION

BY CHAIRMAN LIEBMAN AND MEMBERS BECKER AND HAYES

The National Labor Relations Board, by a threemember panel, has considered objections to an election held December 10, 2010, and the hearing officer2019s report recommending disposition of them. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 68 for and 51 against the Union, with no challenged ballots.

The Board has reviewed the record in light of the exceptions and briefs and has adopted the hearing officer2019s findings and recommendations only to the extent consistent with this Decision and Direction of Second Election.

The hearing officer recommended overruling the Employer2019s objection alleging that the Union promised employees a financial benefit when it offered, during a decertification election campaign, to waive past dues owed by members. Contrary to the hearing officer, and for the reasons set forth below, we find merit in the Employer2019s objection.² Accordingly, we will set aside the election and direct a second election.

1. BACKGROUND

   The Employer is in the business of providing schoolbus services. In January 2010,³ the Employer successfully bid on a contract to transport students from St. Louis, Missouri, to schools located outside the city. At the time, the contract was held by Atlantic Express of Missouri, Inc. Atlantic Express2019 bus drivers and monitors were represented by the Union. Before the Employer took over the contract, Atlantic Express failed to

   ¹ We have amended the caption to reflect the reaffiliation of the Laborers2019 International Union of North America with the AFL2013CIO effective October 1, 2010.

   ² The hearing officer recommended overruling all of the Employer2019s objections, and the Employer excepted to all her recommendations. Because we are ordering a second election based on the Union2019s promise to waive delinquent dues, we find it unnecessary to address the Employer2019s remaining exceptions regarding other allegedly objectionable conduct.

   ³ All dates hereafter are in 2010.

   deduct and remit to the Union 1 or 2 months2019 dues from the paychecks of employees who had enrolled in automatic dues withholding.⁴ In June, the Union sent an email to Atlantic Express asking why dues had not been deducted, but it did not otherwise attempt to collect the delinquent dues, either from Atlantic Express or from individual employees.⁵ It also did not inform employees, at that time, that it was waiving the delinquency.

   The Employer took over the contract beginning in the summer of 2010. Approximately 75 to 80 percent of the Employer2019s work force previously worked for Atlantic Express. The Employer recognized the Union as the unit employees2019 collective-bargaining representative in late July or early August. The Employer and the Union began contract negotiations, which were ongoing when the present petition was filed on November 1. Sometime thereafter, the Union distributed a flyer to employees urging them to vote to retain the Union and promising, among other things, that the Union would not collect any past dues owed by employees.

   The Union2019s Uniform Local Union Constitution was introduced at the hearing as a joint exhibit. As relevant here, article VIII, section 4 of the Constitution states that members 201cshall be deemed suspended by the International Union without notice201d if their monthly dues are not paid on or before the last day of the following month. Article VIII, section 6 requires that suspended members pay a readmission fee plus past and current dues to again become active members. John Chambers, the Union2019s secretary-treasurer, testified that, normally, members suspended for nonpayment of dues must pay back dues and a fee to be readmitted to the Union.

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