U-Haul Co. of Nevada, 195 (2004)

U-Haul Co. of Nevada, Inc. and International Association of Machinists & Aerospace Workers, Local Lodge 845, AFL-CIO. Case 28-RC-6159

February 9, 2004

DECISION AND CERTIFICATION OF REPRESENTATIVE

BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER

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he National Labor Relations Board, by a three-member panel, has considered objections to an election held May 7, 2003, and the hearing officer's report recommending disposition of them. The election was conducted pursuant to a Decision and Direction of Election issued on April 11, 2003. The tally of ballots shows 47 for and 25 against the Union, with 5 challenged ballots, an insufficient number to affect the results. The Board has reviewed the record in light of the exceptions1 and briefs and has adopted the hearing officer's findings2 and recommendations, and finds that a certification of representative should be issued.

1. We adopt the hearing officer's recommendation to overrule the Employer's Objection 1, which alleged that the Union engaged in objectionable conduct under the standard established in NLRB v. Savair Mfg. Co., 414 U.S. 270 (1973), by making a preelection offer to employees to waive initiation fees. In so doing, we agree with the hearing officer that the union documents that were distributed to employees clearly stated a lawful waiver of initiation fees, i.e., the waiver would apply to all employees, not simply those who signed a union authorization card before the election. Further, union offi-1 In the absence of exceptions, we adopt pro forma the hearing officer's recommendations to overrule the Employer's Objections 5 and 6, which allege, respectively, threatening conduct and appeals to racial and ethnic divisiveness by union agents.

   2 The Employer 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 a clear preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex Co., 118 NLRB 1359 (1957). We have carefully examined the record and find no basis for reversing the findings.

   The Employer has also excepted to the hearing officer's decision asserting that the decision evidences bias and prejudice. Upon our full consideration of the entire record in these proceedings, we find no evidence that the hearing officer prejudged the case, made prejudicial rulings, or demonstrated bias against the Employer in her conduct of the hearing or her analysis and discussion of the evidence.

   We note, however, certain factual errors in the hearing officer's findings that do not...