Form NLRB-707
`(4-2015)
`
`United States of America
`National Labor Relations Board
`NOTICE OF ELECTION
`
`Barnes and Noble, Inc.
`
`Case 32-RC-337165
`
`PURPOSE OF ELECTION: This election is to determine the representative, if any, desired by the eligible employees for
`purposes of collective bargaining with their employer. A majority of the valid ballots cast will determine the results of
`the election. Only one valid representation election may be held in a 12-month period.
`SECRET BALLOT: The election will be by SECRET ballot under the supervision of the Regional Director of the National
`Labor Relations Board (NLRB). A sample of the official ballot is shown on the next page of this Notice. Voters will be
`allowed to vote without interference, restraint, or coercion. Electioneering will not be permitted at or near the
`polling place. Violations of these rules should be reported immediately to an NLRB agent. Your attention is called to
`Section 12 of the National Labor Relations Act which provides: ANY PERSON WHO SHALL WILLFULLY RESIST,
`PREVENT, IMPEDE, OR INTERFERE WITH ANY MEMBER OF THE BOARD OR ANY OF ITS AGENTS OR AGENCIES IN THE
`PERFORMANCE OF DUTIES PURSUANT TO THIS ACT SHALL BE PUNISHED BY A FINE OF NOT MORE THAN $5,000 OR BY
`IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
`ELIGIBILITY RULES: Employees eligible to vote are those described under the VOTING UNIT on the next page and
`include employees who did not work during the designated payroll period because they were ill or on vacation or
`temporarily laid off, and also include employees in the military service of the United States who appear in person at
`the polls. Employees who have quit or been discharged for cause since the designated payroll period and who have
`not been rehired or reinstated prior to the date of this election are not eligible to vote.
`SPECIAL ASSISTANCE: Any employee or other participant in this election who has a handicap or needs special
`assistance such as a sign language interpreter to participate in this election should notify an NLRB Office as soon as
`possible and request the necessary assistance.
`
`PROCESS OF VOTING: Upon arrival at the voting place, voters should proceed to the Board agent and identify
`themselves by stating their name. The Board agent will hand a ballot to each eligible voter. Voters will enter the
`voting booth and mark their ballot in secret. DO NOT SIGN YOUR BALLOT. Fold the ballot before leaving the voting
`booth, then personally deposit it in a ballot box under the supervision of the Board agent and leave the polling area.
`CHALLENGE OF VOTERS: If your eligibility to vote is challenged, you will be allowed to vote a challenged ballot.
`Although you may believe you are eligible to vote, the polling area is not the place to resolve the issue. Give the
`Board agent your name and any other information you are asked to provide. After you receive a ballot, go to the
`voting booth, mark your ballot and fold it so as to keep the mark secret. DO NOT SIGN YOUR BALLOT. Return to the
`Board agent who will ask you to place your ballot in a challenge envelope, seal the envelope, place it in the ballot box,
`and leave the polling area. Your eligibility will be resolved later, if necessary.
`AUTHORIZED OBSERVERS: Each party may designate an equal number of observers, this number to be determined by
`the NLRB. These observers (a) act as checkers at the voting place and at the counting of ballots; (b) assist in
`identifying voters; (c) challenge voters and ballots; and (d) otherwise assist the NLRB.
`INDIVIDUALS SHOULD NOT PARTICIPATE IN-PERSON IN A MANUAL ELECTION (INCLUDING OTHER IN-PERSON
`MEETINGS RELATED TO THE ELECTION) IF THEY HAVE COVID-19, FEVER OR CHILLS, OR IF THEY HAVE OTHER NEW OR
`UNEXPLAINED SYMPTOMS CONSISTENT WITH COVID-19, SUCH AS: NEW OR UNEXPLAINED ONSET OF COUGH,
`SHORTNESS OF BREATH, OR DIFFICULTY BREATHING; NEW OR UNEXPLAINED LOSS OF TASTE OR SMELL; OR NEW OR
`UNEXPLAINED MUSCLE ACHES.
`WARNING: This is the only official notice of this election and must not be defaced by anyone. Any markings that you may see on any
`sample ballot or anywhere on this notice have been made by someone other than the National Labor Relations Board, and have not
`been put there by the National Labor Relations Board. The National Labor Relations Board is an agency of the United States
`Government, and does not endorse any choice in the election.
`
`

`

`Form NLRB-707
`(4-2015)
`
`United States of America
`National Labor Relations Board
`NOTICE OF ELECTION
`
`Barnes and Noble, Inc.
`
`Case 32-RC-337165
`
`VOTING UNIT
`
`EMPLOYEES ELIGIBLE TO VOTE:
`Those eligible to vote are: All full-time and regular part-time Booksellers, Senior Booksellers, Lead
`Booksellers, Baristas, Senior Baristas, Lead Baristas, and Café Team Experts employed by the Employer at its
`facility located at 6050 El Cerrito Plaza, El Cerrito, CA, who were employed by the Employer during the
`payroll period ending March 9, 2024.
`
`EMPLOYEES NOT ELIGIBLE TO VOTE:
`Those not eligible to vote are: Store Managers, Assistant Store Managers, Deputy Assistant Store Managers,
`confidential employees, office clerical employees, guards, and supervisors as defined by the Act.
`
`DATE, TIME AND PLACE OF ELECTION
`
`Wednesday, April 3, 2024
`
`12:30 p.m. to 3:00 p.m.
`
`The Employer premises.
`Receiving Room
`6050 El Cerrito Plaza,
`El Cerrito, CA
`
`EMPLOYEES ARE FREE TO VOTE AT ANY TIME THE POLLS ARE OPEN.
`
`WARNING: This is the only official notice of this election and must not be defaced by anyone. Any markings that you may see on any
`sample ballot or anywhere on this notice have been made by someone other than the National Labor Relations Board, and have not
`been put there by the National Labor Relations Board. The National Labor Relations Board is an agency of the United States
`Government, and does not endorse any choice in the election.
`
`

`

`Form NLRB-707
`(4-2015)
`
`United States of America
`National Labor Relations Board
`NOTICE OF ELECTION
`
`/
`
`UNITED STATES OF AMERICA
`National Labor Relations Board
`32-RC-337165
`OFFICIAL SECRET BALLOT
`For certain employees of
`BARNES AND NOBLE, INC.
`Do you wish to be represented for purposes of collective bargaining by
`UNITED FOOD AND COMMERCIAL WORKERS,
`LOCAL 5?
`MARK AN "X" IN THE SQUARE OF YOUR CHOICE
`
`nJ
`
`YES
`
`/
`
`V
`
`/
`
`NO
`
`DO NOT SIGN OR WRITE YOUR NAME OR INCLUDE OTHER
`MARKINGS THAT WOULD REVEAL YOUR IDENTITY. MARK AN “X” IN
`THE SQUARE OF YOUR CHOICE ONLY.
`If you make markings inside, or anywhere around, more than one square, return your
`ballot to the Board Agent and ask for a new ballot. If you submit a ballot with markings
`inside, or anywhere around, more than one square, your ballot will not be counted.
`The National Labor Relations Board does not endorse any choice in this election. Any markings that
`you may see on any sample ballot have not been put there by the National Labor Relations Board.
`
`WARNING: This is the only official notice of this election and must not be defaced by anyone. Any markings that you may see on any
`sample ballot or anywhere on this notice have been made by someone other than the National Labor Relations Board, and have not
`been put there by the National Labor Relations Board. The National Labor Relations Board is an agency of the United States
`Government, and does not endorse any choice in the election.
`
`

`

`Form NLRB-707
`(4-2015)
`
`United States of America
`National Labor Relations Board
`NOTICE OF ELECTION
`
`RIGHTS OF EMPLOYEES - FEDERAL LAW GIVES YOU THE RIGHT TO:
`Form, join, or assist a union
`
`Choose representatives to bargain with your employer on your behalf
`
` Act together with other employees for your benefit and protection
`Choose not to engage in any of these protected activities
`
`In a State where such agreements are permitted, the Union and Employer may enter into a lawful union-
`
`security agreement requiring employees to pay periodic dues and initiation fees. Nonmembers who inform
`the Union that they object to the use of their payments for nonrepresentational purposes may be required to
`pay only their share of the Union's costs of representational activities (such as collective bargaining, contract
`administration, and grievance adjustment).
`
`It is the responsibility of the National Labor Relations Board to protect employees in
`the exercise of these rights.
`The Board wants all eligible voters to be fully informed about their rights under Federal law and wants both
`Employers and Unions to know what is expected of them when it holds an election.
`If agents of either Unions or Employers interfere with your right to a free, fair, and honest election the election can be
`set aside by the Board. When appropriate, the Board provides other remedies, such as reinstatement for employees
`fired for exercising their rights, including backpay from the party responsible for their discharge.
`
`The following are examples of conduct that interfere with the rights of employees
`and may result in setting aside of the election:
`Threatening loss of jobs or benefits by an Employer or a Union
`
`Promising or granting promotions, pay raises, or other benefits, to influence an employee's vote by a party
`
`capable of carrying out such promises
` An Employer firing employees to discourage or encourage union activity or a Union causing them to be fired
`to encourage union activity
` Making campaign speeches to assembled groups of employees on company time, where attendance is
`mandatory, within the 24-hour period before the polls for the election first open or the mail ballots are
`dispatched in a mail ballot election
`Incitement by either an Employer or a Union of racial or religious prejudice by inflammatory appeals
`Threatening physical force or violence to employees by a Union or an Employer to influence their votes.
`
`
`
`
`The National Labor Relations Board protects your right to a free choice.
`Improper conduct will not be permitted. All parties are expected to cooperate fully with this Agency in maintaining
`basic principles of a fair election as required by law.
`Anyone with a question about the election may contact the NLRB Office at (510)637-3300 or visit the NLRB
`website www.nlrb.gov for assistance.
`
`WARNING: This is the only official notice of this election and must not be defaced by anyone. Any markings that you may see on any
`sample ballot or anywhere on this notice have been made by someone other than the National Labor Relations Board, and have not
`been put there by the National Labor Relations Board. The National Labor Relations Board is an agency of the United States
`Government, and does not endorse any choice in the election.
`
`

`

`FORM NLRB-722
`(8-05)
`
`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
`INSTRUCTIONS TO ELECTION OBSERVERS
`
`The role of observers in an NLRB election is an important one. You are here to see that the
`election is conducted in a fair and impartial manner, so that each eligible voter has a fair and
`equal opportunity to express him or herself freely and in secret. As official representatives of the
`parties in this election, you should undertake your role with a fair and open mind. Conduct
`yourself so that no one can find fault with your actions during the election. The NLRB
`appreciates your assistance in this democratic process.
`
`PRINCIPAL FUNCTIONS
` Monitor the election process.
` Help identify voters.
` Challenge voters and ballots.
` Assist Board Agent in the conduct of election.
`
`DUTIES
` BE ON TIME: Observers should report one-half hour before the polls open.
`Identify voters.
`
` Check off the name of the person seeking to vote. One check before the voter's name is
`made by
`one party's observer. One check after the name is made by the other party's observer.
` See that only one voter occupies a booth at any one time.
` See that each voter deposits the ballot in the ballot box.
` See that each voter leaves the voting area immediately after depositing the ballot.
` Report any conflict regarding an individual's right to vote to the Board Agent at your table
`before the individual votes.
` Challenge of Voters: An observer has the right to challenge a voter for cause. A Board
`Agent may
`also question the eligibility of a voter. Any challenge must be made before the voter's
`ballot has been placed in the ballot box.
` Report any unusual activity to the Board Agent as soon as you notice it.
` Wear your observer badge at all times during the election.
` Remain in the voting place until all ballots are counted in order to check on the fairness of
`the count. If the ballots are not counted immediately after the polls close, you will be
`informed as to when and where the ballots will be counted.
`
`DO NOT
` Keep any list of individuals who have or have not voted.
` Talk to any voter waiting in line to vote, except as instructed by the Board Agent. (Greeting
`voters as they approach to vote is acceptable.)
`
`

`

`FORM NLRB-722
`(8-05)
`
` Give any help to any voter. Only a Board Agent can assist the voter.
` Electioneer at any place during the hours of the election.
` Discuss or argue about the election.
`Leave the election area without the Board Agent's permission.
`
` Use any electronic device including cell phones, laptop computers, personal digital
`assistants (PDAs), mobile e-mail devices, wired or wireless data transmission and
`recording devices, etc. (Please turn off or disable these devices before entering the polling
`area).
`
`