The Board adopted the Administrative Law Judge’s conclusion that the Respondent did not unlawfully discharge two employees for engaging in union activity. The Board found that the Respondent made the decision to terminate both employees for attendance issues before learning of their protected activity. After their discharges, the employees cast challenged ballots in a union election. The tally of ballots showed 2 votes for the Union, 2 votes against, and 2 challenged ballots. Because the discharges were lawful, the Board sustained the challenges and ordered that the votes not be counted. Accordingly, the Board certified that a majority of the valid ballots had not been cast for the Petitioner.
Charges and Petition filed by Road Sprinkler Fitters, Local Union 669. Administrative Law Judge Keltner W. Locke issued his decision on March 3, 2017. Members McFerran, Kaplan, and Emanuel participated.
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