American Optical Co.

National Labor Relations Board - Board Decisions

Jun 1, 1977

229 N.L.R.B. 1063 (N.L.R.B. 1977)

AMERICAN OPTICAL COMPANY
American Optical Company and Teamsters Local 592,
affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America, Petitioner. Case 5-RC-9843
June 1, 1977
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relations Act, as amended, a three-
member panel has considered a determinative
challenge in, and objections to, an election held
November 18, 1976,1 and the Hearing Officer's
report recommending disposition of same. The
Board has reviewed the record in light of the
I The election was conducted pursuant to Stipulation for Certification
Upon Consent Election. The tally was: 12 for, and II against, the
Petitioner: there was I challenged ballot, a sufficient number to affect the
results.
2 The Employer excepted to certain credibility resolutions made by the
Hearing Officer. It is the long established policy of the Board not to reverse
a hearing officer's credibility resolutions when they are based on his
observation of the demeanor of witnesses as they testify at the hearing unless
the clear preponderance of all the relevant evidence convinces us that the
resolutions are incorrect. The Coca-Cola Bouling Cornpan) of Memphis, 132
NLRB 481 (1961); Slretch-Tex Co., 118 NLRB 1359, 1361 (1957). We have
carefully examined the record in this case and see no basis to reverse the
Heanng Officer's credibility resolutions.
I At the hearing, the Employer moved to quash the proceedings on the
ground that the challenge to the ballot of Dorothy Brannon was improperly
exceptions and brief and hereby adopts the Hearing
Officer's findings 2 and recommendations. 3
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Teamsters Local 592,
affiliated with International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America, and that, pursuant to Section 9(a) of the
National Labor Relations Act, as amended, the said
labor organization is the exclusive representative of
all the employees in the unit found appropriate
herein for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment,
and other conditions of employment:
All hourly paid lab operators and clerks em-
ployed by the Employer at its Richmond, Virgin-
ia, location, excluding all other employees, all
salesmen, guards and supervisors as defined in the
Act.
sent to hearing. The Hearing Officer denied Employer's motion since the
Employer failed to file exceptions to the Acting Regional Director's report
on challenges and objections, issued December 29, 1976, in which he
directed a hearing as to Brannon's ballot. In support of its exception to the
Hearing Officer's ruling, the Employer contends that the Regional Office
failed to serve a copy of the Acting Regional Director's report on counsel for
the Employer until after the period for filing exceptions had expired.
The Employer was timely served on December 31, 1976, and the
Employer's counsel received a copy of the report long before the Board's
original Decision issued in the above-entitled matter. The Employer's
counsel at that time did not raise any objections to the report nor did he
object that he had received it late. Under these circumstances, we conclude
that Employer has failed to demonstrate that it has suffered any prejudice.
Accordingly, the Employer's motion to quash the notice of hearing is hereby
denied.
229 NLRB No. 148
1063