Operations In Fiscal Year 1988 - National Labor Relations Board

NLRB Procedure 332. Election ObjectionsEffective September 29, 1986, the Board revised its Rules andRegulations regarding the time periods in which to file documentswith the Board, including the filing of election objections.The revised rules specifically provide that objections, as well ascertain other documents, "must be received on or before theclose of business of the last day for filing." 6 The explanatorynote that accompanied the revised rules specifically stated thatthe effect of the revised rules regarding the filing of objectionswas to overrule the Board's then-established practice as articulatedin Rio de Oro Uranium Mines, 119 NLRB 153 (1957), whichtreated as timely objections postmarked before the due date.In Drum Lithographers, 7 the election was held on the Wednesdaybefore Thanksgiving. The objections, although postmarkedon the following Monday, the first workday following the election,were not received in the Regional Office until Thursday, 1day after the due date. The Regional Director rejected the objectionsas untimely, and the Board majority sustained the RegionalDirector's decision that the revised rule "would be strictly applied,and that election objections now must actually be receivedin the Regional Office on the due date."Member Cracraft, dissenting, would have treated the objectionsas timely on the grounds that she would amend the rules toprovide an extension of the filing period when there is an interveningholiday and to codify the Rio de Oro principle "underwhich . . . there is little risk of anyone's rights being prejudiced."3. Supporting EvidenceIn Star Video Entertainment, 8 the Board certified the electionresults in light of the petitioning union's failure to submit timelyevidence in support of its objections. The union had filed timelyobjections following an election held May 13, 1988. The RegionalDirector, by letter dated May 20, 1988, notified the union thatsupporting evidence must be submitted in accordance with Section102.69(a) of the Board's Rules ("Within 7 days after thefiling of objections, or such additional time as the Regional Directormay allow"), and that the deadline was May 26, 1988. Inhis Report on Objections, although noting that the union submittedevidence on June 2, 1988, the Regional Director recommendedoverruling the objections for failure to proffer timely evidence.In exceptions to the Regional Director's report, theunion's counsel noted that on May 27, 1988, a Board agent grantedan additional 48 hours for the submission of names and ad-6 NLRB Rules and Regulations, Sec. 102.111(b).7 287 NLRB No. 15 (Chairman Dotson and Members Johansen, Babson, and Stephens; MemberCracraft dissenting).8 290 NLRB No. 119 (Chairman Stephens and Members Johansen and Cracraft).