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The NLRB reopened from shutdown status on November 13, 2025. Due dates to file or serve most documents were tolled during the period of the shutdown, although due dates cannot be tolled for filing and service of unfair labor practice charges, applications for awards of fees and other expenses under the Equal Access to Justice Act, and certain representation petitions. For documents where tolling applies, the terms are that for each day on which the Agency’s offices were closed for all or any portion of the day, one day is added to the time for filing or service of the document. If the new due date falls on a weekend or holiday, the new due date will be moved to the next business day. For example, if the original due date was October 7, 2025 and the shutdown lasted 43 days, the revised due date is November 19, 2025. See chart for revised due dates.

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Austin Maintenance & Construction, Inc.

 
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Case Number: 28-RC-266617

Date Filed: 09/24/2020

Status: Closed

Location: Artesia, NM

Region Assigned: Region 28, Phoenix, Arizona


Tally Issued Date:10/12/2021

Status:Closed

No. of Eligible Voters:43

Void Ballots:2

Total Ballots Counted:11

Challenged Ballots:0

Votes for Labor Union:9

Tally Type:Initial

Ballot Type:Single Labor Organization

Unit ID:A

Votes Against:2

Challenges Determinative:No

Reason Closed:Certific. of Representative

Labor Union:International Union of Operating Engineers Local 351

Voting Unit (Unit A):Included: All full-time and regular part-time Boilermaker 1, Boilermaker 2, Boilermaker 3, General Laborers, and Foreman employed by the Employer at its facility in Artesia, New Mexico. Excluded: All other employees, office clerical employees, managers and supervisors as defined in the Act. Others Permitted to Vote: At this time, no decision has been made regarding whether employees classified as Boilermaker 4, Boilermaker Foreman or General Laborer Foreman are included or excluded from the bargaining unit, and individuals in these classifications may vote in the election but their ballots shall be challenged since their eligibility has not been determined. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

Union to Certify:International Union of Operating Engineers Local 351


Tally Issued Date:02/04/2021

Status:Closed

No. of Eligible Voters:28

Void Ballots:5

Total Ballots Counted:15

Challenged Ballots:4

Votes for Labor Union:11

Tally Type:Initial

Ballot Type:Single Labor Organization

Unit ID:A

Votes Against:0

Challenges Determinative:No

Reason Closed:Certific. of Representative

Labor Union:International Union of Operating Engineers Local 351

Voting Unit (Unit A):Included: All full-time and regular part-time Boilermaker 1, Boilermaker 2, Boilermaker 3, General Laborers, and Foreman employed by the Employer at its facility in Artesia, New Mexico. Excluded: All other employees, office clerical employees, managers and supervisors as defined in the Act. Others Permitted to Vote: At this time, no decision has been made regarding whether employees classified as Boilermaker 4, Boilermaker Foreman or General Laborer Foreman are included or excluded from the bargaining unit, and individuals in these classifications may vote in the election but their ballots shall be challenged since their eligibility has not been determined. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

Union to Certify:International Union of Operating Engineers Local 351



Docket Activity


Date sort ascending Document Issued/Filed By
10/22/2021 Certification of Representative* NLRB - GC
10/12/2021 Tally of Ballots* NLRB - GC
09/08/2021 Notice of Election NLRB - GC
09/08/2021 Notice of Election NLRB - GC
09/03/2021 RD Order* NLRB - GC
09/03/2021 Stipulated Election Agreement* NLRB - GC
08/24/2021 RD Order to Reschedule Hearing* NLRB - GC
08/12/2021 Motion to Postpone/Reschedule Hearing Employer
08/12/2021 Motion to Postpone/Reschedule Hearing Employer
08/09/2021 RD Order* NLRB - GC

The Docket Activity list does not reflect all actions in this case.

* This document may require redactions before it can be viewed. To obtain a copy, please file a request through our FOIA Branch.

Related Documents


Related Documents data is not available.

Allegations


Allegations data is not available.

Participants


Participant Address Phone
Employer
Legal Representative
Meyer, Arrissa
Littler Mendelson, P.C.
2001 Ross Avenue, Suite 1500
Dallas, TX
75201
(214)880-8180
 
Employer
Additional Service
Barraza, Beatrice
Austin Maintenance & Construction, Inc.
2801 E 13th St
La Porte, TX
77571-9633
(575)513-8863
 
Employer
Employer
Austin Maintenance & Construction, Inc.
Artesia, NM
88210
(575)513-8863
 
Petitioner
Union
International Union of Operating Engineers Local 351
El Paso, TX
79915
(915)771-0224
 

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