Boyles Galvanizing Co. of Iowa

National Labor Relations Board - Board Decisions

Sep 22, 1958

121 N.L.R.B. 952 (N.L.R.B. 1958)

952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[The Board certified Garage Employees Union Local No 44, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, as the designated collective-bargaining repre-
sentative of the Employer's production and maintenance employees
in the unit found appropriate ]
Boyles Galvanizing Company of Iowa and District Lodge 131,
International Association of Machinists , AFL-CIO, Petitioner.
Case No 18-RC-3594 September 2-0,1958
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued by the
Board herein on June 17, 1958,' an election by secret ballot was con-
ducted on July 10, 1958, under the direction and supervision of the
Regional Director for the Eighteenth Region among the employees
in the unit found appropriate by the Board. At the close of the
election, the parties were furnished a tally of ballots which showed
that there were approximately 24 eligible voters, of whom 23 voted-
11 for, and 4 against, the Petitioner, with 8 challenged The chal-
lenges were sufficient in number to affect the results of the election
Thereafter the Employer filed timely objections to conduct affecting
the results of the election In accordance with the Rules and Regu-
lations of the Board, the Regional Director investigated the challenges
and the objections and on July 31, 1958, issued and served on the
parties his "Report on Challenged Ballots and Objections and Recom-
mendation For Certification of Representative." In his report, the
Regional Director found the objections without merit and recom-
mended that they be overruled As to the 8 challenged ballots, the
Regional Director recommended that the challenges to ballots cast
by Fred Gouge and Pedro Trevino be sustained and that no disposi-
tion be made of the 6 remaining challenged ballots inasmuch as they
could not affect the results of the election Finally, the Regional
Director recommended that the Petitioner be certified On August 6,
1958, the Employer filed timely exceptions to the Regional Director's
report
The Board 2 has considered the objections, the exceptions, and the
entire record in the case and finds as follows
The Employer's objections allege that on or about July 9, 1958, one
of its employees, Cris Belanos, who later served as an election observer
3 Unpublished
' Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three member panel [Members Rodgers, Bean
and Fanning]
121 NLRB No 128
BEACON PIECE DYEING AND FINISHING CO., IN C. 953
for the Petitioner, while wearing a button indicating that he Was a
"Committee" member, gave a union button to a fellow employee and
said, "Here, wear this and if you do not wear it you will have the hell
belted out of you." It is contended by the Employer that by wearing
the "Committee" button Belanos became an agent of the Petitioner
which is thus responsible for his statement. The Employer further
contends that the statement constituted such coercion as to warrant
setting aside the election.
The Regional Director's investigation failed to reveal evidence that
Belanos was an agent of the Petitioner at the time he made the
statement. The Employer's exceptions do not advert to specific sub-
stantial evidence contraverting the Regional Director's finding in
this regard. Further, Belanos' alleged statement standing alone was
not such as would warrant setting aside the election.3 We find,
therefore, that the objections do not raise substantial and material
issues with respect to the conduct or results of the election. Accord-
ingly, they are hereby overruled and the Employer's request for a
hearing is denied.
As no specific exceptions have been filed to the Regional Director's
recommendations for the disposition of the challenged ballots cast by
Fred Gouge and Pedro Trevino, we hereby adopt them and sustain
the challenges to these ballots. The six remaining challenged ballots
cannot affect the outcome of the election.
As the Petitioner has secured a majority of the valid votes cast, we
shall, as recommended by the Regional Director, certify the Petitioner
as the exclusive bargaining representative of the employees in the unit
heretofore found appropriate in this proceeding.
[The Board certified District Lodge 131, International Association
of Machinists, AFL-CIO, as the designated collective-bargaining
representative of all production and maintenance employees at the
Employer's Fort Madison, Iowa, plant, excluding professional em-
ployees, office clerical employees, guards, and supervisors as defined
in the Act.]
3 Potinsett Lumber and Manufacturing Company, 107 NLRB 234 . Cf. Dsamond State
Poultry Co ., Inc., 107 NLRB 3.
Beacon Piece Dyeing and Finishing Co., Inc. and Local 239,
United Textile Workers of America, AFL-CIO. Case No.
d-CA-5082. September 23, 1958
DECISION AND ORDER
On June 28,1957, Trial Examiner W. Gerard Ryan issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
121 NLRB No. 113.