Region 13 Certifications March 2017.FINAL_

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Loyola University Chicago Employer And Case 13-RC-164618 Service Employees International Union Local 73, CLC/CTW Petitioner TYPE OF ELECTION: BOARD DECISION AMENDED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed The Employer’s Request for Review was granted solely with regards to the inclusion of the Department of Theology faculty in the unit, and the case was remanded to the Regional Director for appropriate action Accordingly, this Amended Certification of Representative excludes faculty in the Department of Theology As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73, CLC/CTW and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Including: All full-time and part-time graduate and undergraduate non-tenuretrack faculty (Adjuncts, Adjunct Professors, Adjunct Instructors, Adjunct Lecturers, Accompanists, Instructors, Lecturers, Lab Instructors, Senior Lecturers, and Visiting Faculty) employed by Loyola University Chicago in academic programs housed at its Main campus, 1032 W Sheridan Rd, Chicago, IL 60660, including the College of Arts & Sciences, the English Language Learning Program, and the Graduate School Excluding: All faculty in the Department of Theology, all tenured faculty, tenuretrack faculty, distinguished service faculty, research faculty who are not teaching credit bearing courses, and emeritus faculty; all faculty in non-degree granting programs, unless expressly included above; all faculty teaching in programs housed or facilities and addresses other than those described above; all faculty teaching online courses only; employees who not teach undergraduate or graduate level credit-earning courses or labs, unless expressly included above; the Water Tower Campus, the Health Sciences Campus, the Retreat and Ecology Campus, the Rome Campus, the Beijing Campus, the Vietnam Center; the School of Continuing and Professional Studies, the Marcella Niehoff School of Nursing, the Stritch School of Medicine, the Quinlan School of Business, the School of Education, the Corboy Law Center, the School of Social Work, the School of Communications, the Institute of Pastoral Studies, the Arrupe College, the Loyola University Museum of Art (LUMA), faculty paid by entities other than Loyola University Chicago (including governments and organizations); all administrators (including deans, directors, trustees, provosts, and chairs who may have teaching assignments); graduate students; athletic coaches; academic advisors, including those with teaching assignments; all other employees employed by the University, including those who teach a class or course and are separately compensated for such teaching; and managers, confidential employees, office clerical employees, professional employees, guards and supervisors as defined in the Act March 20, 2017 _/s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collectivebargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response Amy Moor Gaylord, Esq., Partner Franczek Radelet P.C 300 South Wacker Drive, Suite 3400 Chicago, IL 60606-6708 John P Pelissero, President Loyola University Chicago 1032 West Sheridan Road Chicago, IL 60660 Daniel Zapata, Counsel Service Employees International Union Local 73, CLC/CTW 300 South Ashland Avenue, Suite 400 Chicago, IL 60607-2746 Ashley L Renner, Organizing Coordinator Service Employees International Union Local 73, CLC/CTW 300 South Ashland Avenue, Suite 400 Chicago, IL 60607-2746 Sean McGough, Organizing Director Service Employees International Union Local 73, CLC/CTW 300 South Ashland Avenue, Suite 400 Chicago, IL 60607-2746 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 AMG RESOURCES Employer and Case 13-RC-192339 International Brotherhood of Teamsters, Local No 142 Petitioner TYPE OF ELECTION: STIPULATED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL NO 142 and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All full-time and regular part-time burners, equipment operators and utility operators employed by the Employer at its facility currently located at 459 North Cline Avenue, Gary, Indiana 46406 Excluded: Office clerical employees and guards, professional employees and supervisors as defined by the Act March 6, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response D Rusty Denton, Esquire Bingham, Greenbaum, Doll, LLP 2700 Market Tower, 10 West Market Street Indianapolis, IN 46204-2954 Bob Chevalier AMG Resources 459 Cline Avenue Gary, IN 46406-1049 Harvey Jackson, Recording Secretary International Brotherhood of Teamsters Local Union No 142 1300 Clark Road Gary, IN 46404-1699 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Dill Pickle Food Co-Op Employer and Dill Pickle Food Co-op Workers Organizing Committee, Chicago Branch Industrial Workers of the World Case 13-RC-192916 Petitioner TYPE OF ELECTION: STIPULATED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for DILL PICKLE FOOD CO-OP WORKERS ORGANIZING COMMITTEE, CHICAGO BRANCH INDUSTRIAL WORKERS OF THE WORLD and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All statutory employees including full-time and regular part-time cashiers, produce stockers, grocery stockers, accounts payable assistants, marketing employees, meat buyers, wellness buyers and refrigerated buyers employed by the Employer at its facilities including the one currently located at 3039 West Fullerton Avenue, Chicago, Illinois 60647 Excluded: Supervisors as defined by the Act including marketing supervisors, human resources representatives, front end managers, produce managers, grocery managers, office managers, branding managers, general managers, and guards and professional employees as defined by the Act March 23, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response Melissa D Sobota, Esq Franczek Radelet P.C 300 South Wacker Drive, Suite 3400 Chicago, IL 60606-6708 Michael A Warner, Jr., Esq Franczek Radelet P.C 300 South Wacker Drive, Suite 3400 Chicago, IL 60606-6708 Sharon Hoyer, General Manager Dill Pickle Food Cooperative 3039 West Fullerton Avenue Chicago, IL 60647-2807 Audrey Sekendur, Facilitator 2341 North Commonwealth Avenue, Apt 2A Chicago, IL 60614-3424 (b) (6), (b) (7)(C) UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 YMCA of Metropolitan Chicago Employer and Case 13-RC-193930 International Union of Operating Engineers Local 399, AFL-CIO Petitioner TYPE OF ELECTION: STIPULATED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 399, AFL-CIO and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All full-time and regular part-time building engineers, maintenance technicians, and skilled maintenance employees employed by the Employer at the Chicago YMCA facilities currently located at 3333 N Marshfield Avenue, Chicago, Illinois 60657; 824 N Hamlin Avenue, Chicago, Illinois 60651; 6630 S Stony Island Avenue, Chicago, Illinois 60637; 6235 S Homan Avenue, Chicago, Illinois 60629; 4251 W Irving Park Road, Chicago, Illinois 60641; 3039 E 91st Street, Chicago, Illinois 60617; 2700 S Western Avenue, Chicago, Illinois 60608; 2424 W Touhy Avenue, Chicago, Illinois 60645; 1834 N Lawndale Avenue, Chicago, Illinois 60647 Excluded: All housekeeping employees, janitorial employees, receptionist employees, office clerical employees, managerial employees and guards, professional employees and supervisors as defined by the Act March 23, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response Jeremy J Glenn, Esq., Attorney Cozen O'Connor 123 North Wacker Drive, Suite 1800 Chicago, IL 60606-1770 Thomas Crylen, Senior Director of Facility Engineering YMCA Metropolitan Chicago 1030 West Van Buren Street Chicago, IL 60607-2916 Valerie Jo Colvett, Director Legal Department International Union of Operating Engineers, Local 399 2260 South Grove Street Chicago, IL 60616-1823 Ariel Perez, Organizer International Union of Operating Engineers Local 399, AFL-CIO 2260 South Grove Street Chicago, IL 60616-1823 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Northwestern University Employer and AN INDIVIDUAL Case 13-RD-192825 Petitioner and Northwestern University Police Benevolent Association Union TYPE OF ELECTION: STIPULATED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for NORTHWESTERN UNIVERSITY POLICE BENEVOLENT ASSOCIATION and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All full-time and regular part-time police officers employed by the Employer at its facilities currently located at 1201 Davis Street, Evanston, Illinois 60201 and 211 East Superior Street, Chicago, Illinois 60611 Excluded: All other employees including chief of police, lieutenants, sergeants, confidential employees, office clerical employees and professional employees and supervisors as defined by the Act March 14, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collectivebargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a) (1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response Anna Wermuth, Esq., Vice Chair, Labor & Employment Cozen O'Connor 123 North Wacker Drive, Suite 1800 Chicago, IL 60606-1770 Jenny R Goltz, Attorney at Law Cozen O'Connor 123 North Wacker Drive, Suite 1800 Chicago, IL 60606-1770 (b) (6), (b) (7)(C) Pamela Beemer, Human Resources Northwestern University 720 University Place Evanston, IL 60208-0803 Northwestern University Police Benevolent Association 840 South Spring Street, Suite A Springfield, IL 62704-2618 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 European Imports, Inc Employer Case 13-RC-192428 and Teamsters Local 703 Petitioner TYPE OF ELECTION: RD DIRECTED CERTIFICATION OF RESULTS OF ELECTION An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has not been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has not been cast for any labor organization and that no labor organization is the exclusive representative of the employees in the bargaining unit described below Included: All full-time and regular part-time forklift drivers, order selectors, checkers, receivers, loaders, inventory control employees and production room employees employed by the Employer at its facility currently located at 600 East Brook Drive, Arlington Heights, Illinois 60005 Excluded: All maintenance employees, janitorial employees, office clerical employees, warehouse clerks, managerial employees and guards, professional employees and supervisors as defined by the Act March 6, 2017 _/s/ Peter Sung Ohr _ Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board RIGHT TO REQUEST REVIEW Pursuant to Section 102.67(c) of the Board’s Rules and Regulations, any party may file with the Board in Washington, DC, a request for review of the regional director’s decision to direct an election, if not previously filed The request for review must conform to the requirements of Sections 102.67(e) and (i)(1) of the Board’s Rules and must be received by the Board in Washington by March 20, 2017 If no request for review is filed, the decision is final and shall have the same effect as if issued by the Board A request for review may be E-Filed through the Agency’s website but may not be filed by facsimile To E-File the request for review, go to www.nlrb.gov, select E-File Documents, enter the NLRB Case Number, and follow the detailed instructions If not E-Filed, the Request for Review should be addressed to the Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570-0001 A party filing a request for review must serve a copy of the request on the other parties and file a copy with the Regional Director A certificate of service must be filed with the Board together with the request for review Timothy C Kamin, Attorney at Law Olgetree Deakins Pabst Boiler House 1243 North 10th Street, Suite 210 Milwaukee, WI 53205 Kevin Piscitello European Imports, Inc 600 East Brook Drive Arlington Heights, IL 60005-4691 Kenneth B Siepman, Esq Ogletree Deakins, Nash, Smoak & Stewart, P.C 111 Monument Circle, Suite 4600 Indianapolis, IN 46204 Robert S Cervone, Esq Dowd, Bloch, Bennett, Cervone, Auerbach & Yokich South Michigan Avenue, Suite 1900 Chicago, IL 60603-3315 Matthew S Emmick, Organizer International Brotherhood of Teamsters Local Union No 301 1300 West Higgins Road, Suite 220 Park Ridge, IL 60068-5764 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 McGrath Downtown Auto, Inc d/b/a McGrath Acura of Downtown Chicago Employer/Petitioner and Case 13-RM-192924 Local 701, International Association of Machinists and Aerospace Workers, AFL-CIO Union TYPE OF ELECTION: STIPULATED CERTIFICATION OF RESULTS OF ELECTION An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has not been selected No timely objections have been filed As authorized by the National Labor Relations Board, It is certified that a majority of the valid ballots has not been cast for any labor organization and that no labor organization is the exclusive representative of the employees in the bargaining unit described below Included: All full-time and regular part-time Acura technicians, including journeymen technicians, apprentice technicians, semi-skilled technicians, and lube rack technicians employed by the Employer at its facility currently located at 1301 North Elston Avenue, Chicago, Illinois 60642 Excluded: All Lexus technicians, service writers, parts department employees, porters, sales employees, managerial employees and guards, professional employees and supervisors as defined by the Act March 20, 2017 _/s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board RIGHT TO REQUEST REVIEW Pursuant to Section 102.67(c) of the Board’s Rules and Regulations, any party may file with the Board in Washington, DC, a request for review of the regional director’s decision to direct an election, if not previously filed The request for review must conform to the requirements of Sections 102.67(e) and (i)(1) of the Board’s Rules and must be received by the Board in Washington by March 20, 2017 If no request for review is filed, the decision is final and shall have the same effect as if issued by the Board A request for review may be E-Filed through the Agency’s website but may not be filed by facsimile To E-File the request for review, go to www.nlrb.gov, select E-File Documents, enter the NLRB Case Number, and follow the detailed instructions If not E-Filed, the Request for Review should be addressed to the Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570-0001 A party filing a request for review must serve a copy of the request on the other parties and file a copy with the Regional Director A certificate of service must be filed with the Board together with the request for review Michael P MacHarg, Esq Smith Amundsen LLC 150 North Michigan Avenue, Suite 3300 Chicago, IL 60601-6004 Tom Christensen, Service Director McGrath Acura of Downtown Chicago 1301 North Elston Avenue Chicago, IL 60642-2417 Sam Cicinelli Automobile Mechanics, Local 701 450 Gundersen Drive Carol Stream, IL 60188-2414 Rick A Mickschl, Grand Lodge Representative International Association of Machinists & Aerospace Workers, AFL-CIO 113 Republic Avenue, Suite 100 Joliet, IL 60435-3279 Mark D Schneider, General Counsel International Association of Machinists & Aerospace Workers, AFL-CIO 9000 Machinists Place, Suite 202 Upper Marlboro, MD 20772 ... employees, guards and supervisors as defined in the Act March 20, 2017 _/s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board NOTICE OF BARGAINING... professional employees and supervisors as defined by the Act March 6, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining... and guards and professional employees as defined by the Act March 23, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining