The National Labor Relations Board (NLRB) denied Hale Construction, Inc.'s Request for Review in Case 32-RC-366164. The decision stems from a dispute over the manner of an election, specifically whether it should be a manual or mail-ballot election, between Hale Construction, Inc. (Employer) and Bricklayers, Tilesetters and Allied Craft Workers, Local 3 (Union). The Board found that the Employer's Request for Review raised no substantial issues warranting review.

The core of the Board's decision rests on a stipulated election agreement executed by both the Employer and the Union. This agreement explicitly granted the Regional Director the authority to decide the "manner," date(s), hours, and places for the election. Crucially, the agreement also stipulated that the Regional Director would review and consider the parties' positions on whether the election should be manual or mail-ballot, thereby delegating the determination of the election's "manner" to the Regional Director.

The Board referenced Section 102.62(b) of the Board's Rules and Regulations, which governs stipulated election agreements. This rule limits the right to seek review to post-election disputes. The Employer failed to provide any arguments explaining why this agreement should not be enforced, nor did it present evidence suggesting the presence of any grounds that would justify declining to enforce a stipulated election agreement, such as those outlined in T&L Leasing. Consequently, the Board concluded that the Employer waived its right to object to a mail-ballot election by entering into the stipulated election agreement.

Significant Cases Cited

• T&L Leasing, 318 NLRB 324 (1995): This case provides examples of grounds for declining to enforce a stipulated election agreement.

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