Recent Election Results
Displaying 4621 - 4640
of 32756
BodyVox, Inc.
Case Number: 19-RC-310548
Tally Issued Date: 02 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 18 January 2023
Status: Closed
No. of Eligible Voters: 10
Void Ballots: 0
Unit Location: Portland, OR
Region Assigned: Region 19, Seattle, Washington
Unit ID: A
Votes Against: 0
Total Ballots Counted: 8
Votes for Labor Union1: 8
Labor Union1: International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, Local 28
Union to Certify: International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, Its Territories and Canada, Local 28
Voting Unit (Unit A): All temporary and casual stagehands employed by the Employer; but excluding all regular employees, whether full-time or part-time, including but not limited to patron specialists, dancers, directors and managers, volunteers, confidential employees, and guards and supervisors as defined by the Act.
We Transport, Inc.
Case Number: 29-RC-311229
Tally Issued Date: 02 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 31 January 2023
Status: Closed
No. of Eligible Voters: 3
Void Ballots: 0
Unit Location: Plainview, NY
Region Assigned: Region 29, Brooklyn, New York
Unit ID: A
Votes Against: 1
Total Ballots Counted: 3
Votes for Labor Union1: 2
Labor Union1: Amalgamated Transit Union, Local 1181-1061
Union to Certify: Amalgamated Transit Union, Local 1181-1061
Voting Unit (Unit A): Included: All full-time and regular part-time Radio/Camera Installers employed by the Employer at its facility located at 190 South Fehr Way, Bay Shore, NY 11706.
Excluded: All other employees based at the Employer's facility located at 190 South Fehr Way, Bay Shore, NY 11706, including dispatchers, drivers, driver's assistants, mechanics, maintenance employees, outside contractors, clerical, guards, managerial employees, professional employees and supervisors as defined by the Act.
Smith's Food & Drug Centers, Inc.
Case Number: 27-RD-311148
Tally Issued Date: 02 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 30 January 2023
Status: Closed
No. of Eligible Voters: 92
Void Ballots: 0
Unit Location: Salt Lake City, UT
Region Assigned: Region 27, Denver, Colorado
Unit ID: A
Votes Against: 55
Total Ballots Counted: 71
Votes for Labor Union1: 16
Labor Union1: United Food and Commercial Workers International Union, Local 711, AFL-CIO
Voting Unit (Unit A): Included: All full-time and regular part-time employees in the classifications of produce manager, apprentice all-purpose clerk, journeyperson all-purpose clerk, pharmacy technician, assistant non-food manager, apprentice non-food clerk, journeyperson non-food clerk, apprentice customer service clerk, journeyperson customer service clerk, apprentice fuel center clerk, journeyperson fuel center clerk, apprentice nutrition clerk, journeyperson nutrition clerk, apprentice service deli clerks, journeyperson service deli clerk, service deli manager, assistant service deli manager, bakery sales apprentice, head bakery sales, journeyperson bakery sales, cake decorator apprentice, journeyperson cake decorator, apprentice bake/off, journeyperson bake/off, and customer service clerk (bagger), employed by the Employer at its Store No. 75 located in Payson, Utah. Excluded: All meat department employees, store director, assistant store director, grocery manager, non-food manager, pharmacists, guards, and supervisors, as defined in the Act.
Eastern State Penitentiary Historic Site, Inc.
Case Number: 04-RC-308901
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 14 December 2022
Status: Closed
No. of Eligible Voters: 4
Void Ballots: 0
Unit Location: Philadelphia, PA
Region Assigned: Region 04, Philadelphia, Pennsylvania
Unit ID: A
Votes Against: 4
Total Ballots Counted: 4
Labor Union1: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union
Voting Unit (Unit A): VOTING GROUP A-Professional Employees
Included: All full-time and regular part-time manager-accounting employees, specialist-marketing and digital media employees, and senior specialist-marketing and communications employees employed by the Employer at its 653 N. 22nd Street, Philadelphia, Pennsylvania location.
Excluded: All other employees, managerial employees, specialist membership employees, senior specialist research and public programming employees, employees solely employed during Halloween Nights, non-professional employees, guards, and supervisors as defined in the Act.
VOTING GROUP B-Non-Professional Employees
Included: All full-time and regular part-time event team staff, visitor services staff, education staff, senior specialist-advancement services and analytics employees, administrative and guest support assistant employees, facilities maintenance technicians, and facilities technicians employed by the Employer at its 2027 Fairmount Avenue, Philadelphia, Pennsylvania facility.
Excluded: All other employees, managerial employees, employees solely employed during Halloween Nights, professional employees, guards, and supervisors as defined in the Act.
Others permitted to vote: The parties have agreed that the classifications listed below may vote in the election but their ballots will be challenged since their eligibility has not been resolved. No decision has been made regarding whether the individuals in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.
Non-Professionals: Visitor Service Leads
If a majority of the professional employees voting in Voting Group A vote "Yes" to the first question, indicating their desire to be included in a unit with non-professional employees, they will be so included, and their votes on the second question will be counted together with the votes of the non-professional employees in Voting Group B to determine whether or not United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL CIO, CLC will represent an overall unit consisting of the employees in Voting Groups A and B. If, on the other hand, a majority of the professional employees voting in Voting Group A do not vote "Yes" to the first question, their ballots will be counted separately to determine whether they will be represented by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL CIO, CLC in a separate unit of professional employees.
Eastern State Penitentiary Historic Site, Inc.
Case Number: 04-RC-308901
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 14 December 2022
Status: Closed
No. of Eligible Voters: 60
Void Ballots: 1
Unit Location: Philadelphia, PA
Region Assigned: Region 04, Philadelphia, Pennsylvania
Unit ID: B
Votes Against: 7
Total Ballots Counted: 48
Votes for Labor Union1: 41
Labor Union1: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union
Union to Certify: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union
Voting Unit (Unit A): VOTING GROUP A-Professional Employees
Included: All full-time and regular part-time manager-accounting employees, specialist-marketing and digital media employees, and senior specialist-marketing and communications employees employed by the Employer at its 653 N. 22nd Street, Philadelphia, Pennsylvania location.
Excluded: All other employees, managerial employees, specialist membership employees, senior specialist research and public programming employees, employees solely employed during Halloween Nights, non-professional employees, guards, and supervisors as defined in the Act.
VOTING GROUP B-Non-Professional Employees
Included: All full-time and regular part-time event team staff, visitor services staff, education staff, senior specialist-advancement services and analytics employees, administrative and guest support assistant employees, facilities maintenance technicians, and facilities technicians employed by the Employer at its 2027 Fairmount Avenue, Philadelphia, Pennsylvania facility.
Excluded: All other employees, managerial employees, employees solely employed during Halloween Nights, professional employees, guards, and supervisors as defined in the Act.
Others permitted to vote: The parties have agreed that the classifications listed below may vote in the election but their ballots will be challenged since their eligibility has not been resolved. No decision has been made regarding whether the individuals in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.
Non-Professionals: Visitor Service Leads
If a majority of the professional employees voting in Voting Group A vote "Yes" to the first question, indicating their desire to be included in a unit with non-professional employees, they will be so included, and their votes on the second question will be counted together with the votes of the non-professional employees in Voting Group B to determine whether or not United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL CIO, CLC will represent an overall unit consisting of the employees in Voting Groups A and B. If, on the other hand, a majority of the professional employees voting in Voting Group A do not vote "Yes" to the first question, their ballots will be counted separately to determine whether they will be represented by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL CIO, CLC in a separate unit of professional employees.
Care For the Homeless, Inc.
Case Number: 02-RC-309464
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 23 December 2022
Status: Closed
No. of Eligible Voters: 13
Void Ballots: 0
Unit Location: Bronx, NY
Region Assigned: Region 02, New York, New York
Unit ID: A
Votes Against: 1
Total Ballots Counted: 6
Votes for Labor Union1: 5
Labor Union1: District Council 37, AFSCME, AFL-CIO
Union to Certify: District Council 37, AFSCME, AFL-CIO
Voting Unit (Unit A): Included: All full-time and regular part-time housing specialists, program aides, case managers, and porters employed by the Employer at its 528 Morris Avenue, Bronx New York facility.
Excluded: All other employees, including confidential employees, safety monitors, managerial employees, guards, professional employees, shift supervisors and supervisors as defined by the National Labor Relations Act.
Veteran Enterprise Technology Services, LLC
Case Number: 21-RD-309896
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 05 January 2023
Status: Closed
No. of Eligible Voters: 24
Void Ballots: 0
Unit Location: San Diego, CA
Region Assigned: Region 21, Los Angeles, California
Unit ID: A
Votes Against: 8
Total Ballots Counted: 22
Votes for Labor Union1: 14
Labor Union1: Machinists District Lodge No. 725
Union to Certify: Machinists District Lodge No. 725
Voting Unit (Unit A): Included: All Engineering Technicians and all Electronics Technicians maintenance employees employed by the Employer at its operations located at Point Loma Naval Base, San Diego, California, including but not limited to those in the following classifications: Engineering Technician V (Range Support Craft Captain); Engineering Technician VI (Port Captain); Engineering Technician V (Range Support Craft Chief Engineer); Engineering Technician VI (Port Engineer); Electronics Technician Maintenance III (Range Support Craft Able Seaman); Electronics Technician Maintenance II (Range Support Craft Deckhand); Electronics Technician Maintenance II (Assistant Engineer); Electronic Maintenance Technician; Engineering Technician V (Range Support Craft Captain).
Excluded: All other employees, office clerical employees, professional employees, managerial employees, guards and supervisors as defined in the Act.
Living Room Theaters (Oregon) LLC
Case Number: 19-RC-310291
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 13 January 2023
Status: Closed
No. of Eligible Voters: 10
Void Ballots: 0
Unit Location: Portland, OR
Region Assigned: Region 19, Seattle, Washington
Unit ID: A
Votes Against: 4
Total Ballots Counted: 10
Votes for Labor Union1: 6
Labor Union1: United Cinema Workers
Union to Certify: United Cinema Workers
Voting Unit (Unit A): INCLUDED: All full-time and regular part-time servers, concession employees, bussers, line cooks, lead line cooks, bartenders, lead bartenders, and box office employees employed by the Employer at its facility located in Portland, Oregon.
EXCLUDED: All managers, kitchen managers, office clerical employees, and guards and supervisors as defined by the Act.
Lapham-Hickey Steel Corp.
Case Number: 08-RD-310407
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 13 January 2023
Status: Closed
No. of Eligible Voters: 24
Void Ballots: 0
Unit Location: Paulding, OH
Region Assigned: Region 08, Cleveland, Ohio
Unit ID: A
Votes Against: 11
Total Ballots Counted: 24
Votes for Labor Union1: 13
Labor Union1: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and its Local Union 13029
Union to Certify: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and its Local Union 13029
Voting Unit (Unit A): All full-time and regular part-time production and maintenance employees employed at the Employer's facility located at 815 W. Gasser Road, Paulding, Ohio, but excluding all office clerical employees, professional employees, management employees, confidential employees, supervisors, including crew leaders, and guards as defined in the Act.
Trulife, Inc. d/b/a Trulife Engineered Solutions
Case Number: 19-RC-311264
Tally Issued Date: 01 March 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 31 January 2023
Status: Closed
No. of Eligible Voters: 91
Void Ballots: 0
Unit Location: Bellingham, WA
Region Assigned: Region 19, Seattle, Washington
Unit ID: A
Votes Against: 26
Total Ballots Counted: 84
Votes for Labor Union1: 43
Labor Union1: International Association of Machinists and Aerospace Workers, District Lodge 160
Union to Certify: International Association of Machinists and Aerospace Workers, District Lodge 160
Voting Unit (Unit A): All full-time and regular part-time production and maintenance employees, including Setup Machinists, QA Inspectors, Assembly Technicians, Composites Technicians, Maintenance Technicians, Operators, Shipping and Receiving employees, Facilities and Maintenance Employees, Entry Operators, Tooling Coordinators, Water Jet Setup employees, Receiving Coordinators, Footline Assemblers, Shop Assistants, Punch Press Operators, and Composites Assemblers employed by the Employer at its Bellingham, Washington facility; excluding all other employees, professional employees, managerial employees, and guards and supervisors as defined in the Act.
International Brotherhood of Electrical Workers, Local Union No. 77
Case Number: 19-RD-310014
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 09 January 2023
Status: Closed
No. of Eligible Voters: 12
Void Ballots: 0
Unit Location: SeaTac, WA
Region Assigned: Region 19, Seattle, Washington
Unit ID: A
Votes Against: 10
Total Ballots Counted: 11
Votes for Labor Union1: 1
Labor Union1: OPEIU Local 8, AFL-CIO
Voting Unit (Unit A): All full-time and regular part-time office employees employed by the Employer at or out of its Washington facilities, including: Office Manager, Executive Assistant, Supervisor, Systems Manager/Computer Programmer, Administrative Assistant, One Person Office, Paralegal, Bookkeeper, Computer Operator, Table Top Publishing/Graphics Specialist, Dispatcher, Dispatcher II, Word Processor I, Word Processor II/Typist, Cashier/Receptionist, Machine Operator, Dues Clerk, Keyboard Operator, Office Assistant, Clerk, and Student Intern; excluding elected officers, elected or hired business representatives, staff assistants, organizers, and guards and supervisors as defined by the Act.
Bio-Medical Applications of California, Inc.
Case Number: 21-RC-306294
Tally Issued Date: 28 February 2023
Tally Type: Rerun
Ballot Type: Single Labor Organization
Date Filed: 31 October 2022
Status: Closed
No. of Eligible Voters: 39
Void Ballots: 0
Unit Location: Chula Vista, CA
Region Assigned: Region 21, Los Angeles, California
Unit ID: A
Votes Against: 6
Total Ballots Counted: 33
Votes for Labor Union1: 27
Labor Union1: Service Employees International Union - United Healthcare Workers West
Union to Certify: Service Employees International Union - United Healthcare Workers West
Voting Unit (Unit A): VOTING GROUP - UNIT A (PROFESSIONAL UNIT):
Included: All full-time, regular part-time, and per diem registered nurses (RN), pre-license RN, and charge RN I employed by the Employer at its facility located at 2391 Boswell Road, Chula Vista, California
Excluded: All other employees, licensed practical nurses (LPN)/licensed vocational nurses (LVN), patient care technician (PCT) I, PCT II, PCT III, secretary/receptionist, charge RN II, bio-medical technicians, social workers, dieticians, clinical educators, managerial employees, guards, confidential employees, and supervisors as defined in the Act.
VOTING GROUP - UNIT B (NON-PROFESSIONAL UNIT):
Included: All full-time, regular part-time, and per diem licensed practical nurses (LPN)/licensed vocational nurses (LVN), patient care technician (PCT) I, PCT II, PCT III, and secretary/receptionist, employed by the Employer at its facility located at 2391 Boswell Road, Chula Vista, California
Excluded: All other employees, registered nurses (RN), pre-license RN, charge RN I, charge RN II, bio-medical technicians, social workers, dieticians, clinical educators, managerial employees, guards, confidential employees, and supervisors as defined in the Act.
Eligibility Formula_______________
Eligible to vote are all per diem employees in the units who have worked an average of 4 hours or more per week during the 13 weeks immediately preceding the eligibility date for the election.
GTI Clinic-Illinois Holdings, LLC d/b/a Rise
Case Number: 14-RC-310370
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 17 January 2023
Status: Closed
No. of Eligible Voters: 21
Void Ballots: 0
Unit Location: Charleston, IL
Region Assigned: Region 14, Saint Louis, Missouri
Unit ID: A
Votes Against: 11
Total Ballots Counted: 19
Votes for Labor Union1: 8
Labor Union1: Local 881, United Food and Commercial Workers
Union to Certify: Local 881, United Food and Commercial Workers
Voting Unit (Unit A): All full-time and regular part-time personal care specialists employed by the Employer at its facility located at 909 Lincoln Avenue, Charleston, Illinois, excluding all general managers, assistant general managers, shift supervisors, office clerical employees, professional employees, guards, and supervisors as defined in the Act.
Frontier Ambulance LLC
Case Number: 27-RC-310731
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 23 January 2023
Status: Closed
No. of Eligible Voters: 30
Void Ballots: 0
Unit Location: Riverton, WY
Region Assigned: Region 27, Denver, Colorado
Unit ID: A
Votes Against: 2
Total Ballots Counted: 18
Votes for Labor Union1: 16
Labor Union1: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
Union to Certify: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
Voting Unit (Unit A): Included: All full-time and regular part-time paramedics and EMTs working for the Employer out of its Riverton, Lander, and Dubois Stations. Exclude: All office clerical employees, professional employees, temporary employees, guards, and supervisors, as defined in the Act.
Starbucks Corporation
Case Number: 28-RC-311111
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 25 January 2023
Status: Closed
No. of Eligible Voters: 23
Void Ballots: 0
Unit Location: Las Vegas, NV
Region Assigned: Region 28, Phoenix, Arizona
Unit ID: A
Votes Against: 3
Total Ballots Counted: 21
Votes for Labor Union1: 18
Labor Union1: Workers United a/w Service Employees International Union
Union to Certify: Workers United a/w Service Employees International Union
Voting Unit (Unit A): INCLUDED: All full-time and regular part-time Baristas and Shift Supervisors employed by the Employer at its Store # 9887, located at 7220 West Azure Drive, Tenaya Village Center, Las Vegas, NV 89130.
EXCLUDED: Store Managers, Assistant Store Managers, office clerical employees, guards, professional employees, and supervisors as defined in the Act.
VHS Harper-Hutzel Hospital, Inc.
Case Number: 07-RC-311235
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 30 January 2023
Status: Closed
No. of Eligible Voters: 25
Void Ballots: 0
Unit Location: Detroit, MI
Region Assigned: Region 07, Detroit, Michigan
Unit ID: A
Votes Against: 2
Total Ballots Counted: 22
Votes for Labor Union1: 20
Labor Union1: Michigan Association of Police
Union to Certify: Michigan Association of Police
Voting Unit (Unit A): Unit: All full-time and regular part-time employees who perform guard duties as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, including armed and unarmed security officer Is and security officer IIs employed by the Employer at its facility located at 3990 John R Street, Detroit, Michigan, but excluding all sergeants, and supervisors as defined in the Act, and all other employees.
STA of Oregon, Inc.
Case Number: 19-RC-311597
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 06 February 2023
Status: Closed
No. of Eligible Voters: 47
Void Ballots: 0
Unit Location: Portland, OR
Region Assigned: Region 19, Seattle, Washington
Unit ID: A
Votes Against: 15
Total Ballots Counted: 30
Votes for Labor Union1: 15
Labor Union1: Teamsters Local No. 206, International Brotherhood of Teamsters
Voting Unit (Unit A): All full-time and regular part-time van and bus operators employed by the Employer at its facility located at 9625 N. Columbia Blvd., Portland, Oregon; but excluding office clerical employees, mechanics, dispatchers, and guards and supervisors as defined by the Act.
New England Life Flight, Inc. d/b/a Boston MedFlight
Case Number: 01-RC-309879
Tally Issued Date: 28 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 06 January 2023
Status: Closed
No. of Eligible Voters: 18
Void Ballots: 0
Unit Location: Bedford, MA
Region Assigned: Region 01, Boston, Massachusetts
Unit ID: A
Votes Against: 0
Total Ballots Counted: 0
Votes for Labor Union1: 17
Labor Union1: International Brotherhood of Teamsters Local 25
Union to Certify: International Brotherhood of Teamsters Local 25
Voting Unit (Unit A): Included: All full-time and regular part-time Critical Care Transport EMTs employed by the Employer at its Bedford, Lawrence, Mansfield, and Plymouth, Massachusetts facilities.
Excluded: All office clerical employees, managers, guards, and supervisors as defined by the Act.
Alante Security Group Inc.
Case Number: 29-UD-307976
Tally Issued Date: 27 February 2023
Tally Type: Initial
Ballot Type: UD
Date Filed: 30 November 2022
Status: Closed
No. of Eligible Voters: 119
Void Ballots: 2
Unit Location: Westbury, NY
Region Assigned: Region 29, Brooklyn, New York
Unit ID: A
Votes Against: 4
Total Ballots Counted: 44
Votes for Labor Union1: 40
Labor Union1: Service Employees International Union, Local 32BJ
Union to Certify: Service Employees International Union, Local 32BJ
Tourbillon1 LLC d/b/a Lodi
Case Number: 02-RC-310927
Tally Issued Date: 27 February 2023
Tally Type: Initial
Ballot Type: Single Labor Organization
Date Filed: 26 January 2023
Status: Open
No. of Eligible Voters: 52
Void Ballots: 0
Unit Location: New York, NY
Region Assigned: Region 02, New York, New York
Unit ID: A
Votes Against: 26
Total Ballots Counted: 47
Votes for Labor Union1: 21
Labor Union1: Mattos Hospitality and Tourbillion 1 d/b/a Lodi, as joint employers
Union to Certify: Restaurant Workers Union c/o TakeRoot Justice
Voting Unit (Unit A): Included: All full-time and regular part-time employees working at the Employer’s facility at 1 Rockefeller Plaza, in the following job classifications: dishwashers, bakers, prep cooks, line cooks, baristas, cashiers, barbacks, bartenders, hosts, servers, and server assistants.
Excluded: All other employees, guards, professional employees, managers, and supervisors as defined by the Act.