Answerphone Co. of Brooklyn and Queens, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1957

117 N.L.R.B. 950 (N.L.R.B. 1957)

950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director conducting the election is hereby instructed to issue
a certification of representatives to such union for such unit.
On the other hand, if a majority of the employees in voting group
(a) do not vote for the Tool Craftsmen, they will appropriately be
included in the production and maintenance unit and their votes
will be pooled with those voting in group (b),7 and the Regional
Director conducting the election is instructed to issue a certification
of representatives to the labor organization selected by a majority of
the employees in the pooled group, which the Board in such circum-
stances finds to be a single unit appropriate for purposes of collective
bargaining.
5. It appears that the Employer, at the time of the hearing, expected
to increase its complement of production and maintenance employees
from 800 to 1,320 by the end of March. Approximately 200 tool and
die employees were to be added by that date. Although, as of the time
of the hearing, several job classifications were not filled permanently,
most of these were being filled temporarily by employees in related
classifications. As the present work force is representative and as the
election herein will be held at or about the time when the Employer
has virtually completed its hiring program, we shall direct an im-
mediate election.
[Text of Direction of Elections omitted from publication.]
T If the votes are pooled, they are to be tallied by counting votes for the Tool Craftsmen
as valid votes cast, but neither for nor against the union seeking to represent the more
comprehensive unit ; all other votes are to be accorded their face value, whether for
representation by the union seeking the comprehensive unit or for no union.
Answerphone Co. of Brooklyn and Queens , Inc. and United Tele-
phone Answering and Communications Service Union, Local
780, RWDSU, AFL-CIO, Petitioner. Case No. 2RC-8441.
March 29, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John J. Carmody, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
117 NLRB No. 138.
F. J. STOKES CORPORATION 951
3. At the hearing, the Intervenor, Local 102, Bakery and Confec-
tionery Workers Union, AFL-CIO, moved to dismiss the petition on
the ground that the Petitioner's authorization cards submitted in sup-
port of the petition were tainted by the Employer's unlawful assistance
to the Petitioner. On February 28, 1957, the Board issued a notice
to show cause why the petition should not be dismissed. On the re-
turn date of March 12, 1957, the Petitioner responded to the notice
to show cause and submitted proof of the validity of its showing of
interest. On the basis of the Petitioner's response, we are satisfied that
the Petitioner has an adequate and valid showing of interest to sup-
port its petition and that a question affecting commerce exists con-
cerning the representation of employees of the Employer within Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act. Accordingly,
the Intervenor's motion to dismiss the petition herein is denied.'
4. In agreement with the parties, we find that all telephone operators
at the Employer's establishment in New York, New York, excluding
chief operators, office employees, guards, watchmen, and all supervi-
sors as defined in the Act, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
[Text of Direction of Election omitted from publication.]
MEMBER RODGERS took no part in the consideration of the above De-
cision and Direction of Election.
IIn view of our decision herein , we hereby dismiss the Petitioner 's petition filed in
Case No. 2-RC-8745 on march 8, 1957.
F. J. Stokes Corporation and United Steelworkers of America,
AFL-CIO , Petitioner. Case No. 4-RC-3119. March 09, 1957
DECISION AND DIRECTION
Pursuant to a stipulation for certification upon consent election exe-
cuted by the parties on August 21, 1956, an election was conducted on
September 7,1956, under the direction and supervision of the Regional
Director for the Fourth Region, among employees of the Employer in
the unit found appropriate herein. At the close of the election, a tally
of ballots was furnished each of the parties in accordance with the
Board's Rules and Regulations. The tally showed that of approxi-
mately 560 eligible voters, 272 cast ballots for the Petitioner, and 268
cast ballots against the Petitioner. There were 4 void ballots and 4
challenged ballots.
On September 11 and 12, 1956, the Petitioner and the Employer,
respectively, filed timely objections to the conduct of the election. On
117 NLRB No. 131.