UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 09
`
`UNIVERSAL CABLE HOLDINGS, INC.
`
`Employer
`
`and
`
`COMMUNICATION WORKERS OF AMERICA,
`AFL-CIO
`
`Petitioner
`
`TYPE OF ELECTION: STANDARD
`
`Case 09-RC-339675
`
`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
`
`COMMUNICATION WORKERS OF AMERICA, AFL-CIO
`
`and that it is the exclusive collective-bargaining representative of the employees in the following
`appropriate unit:
`
`All full-time and regular part-time Retail Sales Consultants employed by the Employer at
`its 405 George Kostas Drive, Logan, West Virginia location, but excluding all casual employees,
`confidential employees, professional employees, managers, supervisors and guards as defined by
`the Act.
`
`June 3, 2024
`
`(~1/C ~~C~/
`_____________________________________
`Eric A. Taylor, Regional Director
`Region 9, National Labor Relations Board
`
`Attachment:
`
`1.
`2.
`
`Notice of Bargaining Obligation
`FMCS Form
`
`

`

`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.
`
`_________________________________________
`1 Exceptions may include the presence of a longstanding past practice, discrete event, or exigent
`economic circumstance requiring an immediate response.
`
`

`

`NOTICE OF FEDERAL MEDIATION AND CONCILIATION SERVICES FOR BAD
`FAITH BARGAINING ALLEGATIONS
`
`Under the National Labor Relations Act, both the employer and union have a number of
`obligations under the law, including the duty to bargain in good faith.
`
`We encourage you to take advantage of the following resources from the Federal
`Mediation and Conciliation Service (FMCS) (www.fmcs.gov). FMCS is a non-regulatory,
`independent federal agency, separate from the National Labor Relations Board (NLRB), whose
`mission is to preserve and promote labor-management peace and cooperation. FMCS services
`include:
`
` Mediation, if you need assistance and support with your contract negotiations
`(available at https://www.fmcs.gov/services/resolving-labor-management-
`disputes/collectivebargaining-mediation/);
` Skills development training for collective-bargaining negotiation, committee
`effectiveness, and conflict resolution (available at
`https://www.fmcs.gov/services/education-andoutreach/skills-development-
`training/);
` Education on contract administration (available at
`https://www.fmcs.gov/services/buildinglabor-management-relationships/).
`
`Education on contract administration (available at FMCS is a Congressionally funded
`agency offering support to both unions and employers at workplaces and these FMCS services
`and resources are provided at no cost. FMCS services are customized to the specific needs of
`employer and union leadership groups and FMCS is available to assist with next steps and/or
`answer questions that come up throughout a collective-bargaining agreement negotiation process,
`as well as for future stages of a labor-management relationship.).
`
`For more information on the full range of FMCS services and how these services can be
`helpful throughout various stages of the collective bargaining process, see OM 22-08. To discuss
`the specific needs of your group, please reach out to an FMCS mediator
`(https://www.fmcs.gov/aboutus/locations/find-a-mediator/) or by phone at (202) 606-8100.
`
`