Escolar Documentos
Profissional Documentos
Cultura Documentos
Procedural History
There was also one contested ballot which was not counted.
6
Forfeiture
Ratification
26
11
The court noted that unlike the harmless error analysis used
in Legi-Tech, [t]he situation here is somewhat different.
Doolin, 139 F.3d at 213. Indeed, the court noted that [w]e
have no doubt that Director Retsinas made a detached and
considered judgment. Id. (emphasis added).
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V.
B.
Advanced first alleges that on the morning of April
17, 2014, Union Business Agent Chris ODonnell
engaged in conduct which interfered with employees
exercise of free choice in the election.12 Advanced
explains that ODonnell parked an eighteen-wheeler at
the bottom of Advanceds driveway, creating a safety
hazard since only one vehicle at a time could pass by.
This made it difficult to see trucks entering or leaving the
Advanced facility. Advanced also alleges that when
Manager Ed Smith approached ODonnell and asked him
to move the truck, he said he would only move his truck
if Advanced moved the five garbage trucks it had
positioned around the facility with Vote No signs on
them. Advanced then points out that the Union organizer
threatened to create havoc by bringing in additional
union demonstrators and starting a brawl. Advanced
further asserts that Union supporters jumped out and
waved Vote Yes signs at workers as they drove by.
This prompted Advanceds managers to call the police,
who arrived at the facility and told both parties to move
12
Conclusion
36