British Auto Parts, Inc.

National Labor Relations Board - Board Decisions

Jul 26, 1966

160 N.L.R.B. 239 (N.L.R.B. 1966)

BRITISH AUTO PARTS, INC. 239
British Auto Parts, Inc. and General Warehousemen , Local Union
No. 598, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers of America , Petitioner. Case 21-
RC-9986. July 26,1966
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
Pursuant to a Stipulation for Certification upon Consent Election
executed by the parties on April 12, 1966, an election by secret ballot
was conducted on May 2, 1966, under the direction and supervision
of the Regional Director for Region 21, among the employees of the
Employer in the unit agreed appropriate for the purpose of collective
bargaining. Upon the conclusion of the election, a tally of ballots was
furnished the parties in accordance with the National Labor Relations
Board Rules and Regulations.
The tally of ballots shows that there were approximately eight
eligible voters and that eight ballots were cast, of which three were
for the Petitioner, four were against the Petitioner, and one was
challenged.
On May 9, 1966, the Petitioner filed timely objections to conduct
affecting the results of the election. The Regional Director caused an
investigation of the objections to be made and, thereafter, on May 11,
1966, issued and served on the parties his Report on Objections.
In his report, the Regional Director stated that the Employer did
submit the names of the eligible employees but did not supply their
names and addresses in compliance with the requirements established
in Excelsior Underwear, Inc., 156 NLRB 1236. Instead, the Employer
left it to the employees, if they chose to do so, to send their names
and addresses to the Board. The Employer dispatched a letter dated
April 14, 1966, which informed each employee that the National
Labor Relations Board had requested that it be furnished with the
employee's name and address so that the National Labor Relations
Board could, in turn, make this information available to the Union.
The Employer enclosed an envelope addressed to the Regional Direc-
tor for the employee's use in submitting the information should he
desire to do so.
Thereafter, the Regional Director recommended to the Board that
the objections be sustained , the election conducted on May 2, 1966,_
be set aside, and' a new election conducted. On May 19, 1966, the
Employer filed timely exceptions to the Regional Director 's "Report.
160 NLRB No. 40.
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on Objections," and moved that the results of the election be sus-
tained, and that a new election not be held because (1) the Petitioner
failed to serve upon all parties a timely copy of the notice of objec-
tions; (2) the Employer is not required to furnish the Petitioner
-with the names and addresses of the employees; and (3) the policy
,of the Company is not to divulge any information about their
.employees to any party without written authorization from the
employee himself. On May 20, 1966, the Petitioner filed a brief in
support of the Regional Director's recommendations.
As to exception (1) above, the Regional Director's Report on
Objections states that a "Certificate of Service" that accompanied the
,objections showed that separate copies of the objections were sent by
mail to Employer's labor relations consultant and the Employer at
-their proper addresses. On the same day (May 9, 1966), that the
objections were filed, a Board agent contacted the labor relations con-
sultant, advised him of the filing and the nature of the objections, and
on the following day sent him a copy of the objections. We 1 agree
with the Regional Director that the Employer's representative had
timely notice of the objections, the nature of the objections, was
promptly furnished a copy of the objections, and that there is no
prejudice to the Employer. Accordingly, we find no merit in excep-
tion 1. Exceptions 2 and 3 pertain to our decision in the Excelsior
Underwear case wherein we state that
... within 7 days after the Regional Director has approved a
consent-election agreement entered into by the parties pursuant
to Section 102.62 of the National Labor Relations Board Rules
and Regulations or after the Regional Directors or the Board
has directed an election pursuant to Section 102.67, 102.69, or
Section 102.85 thereof, the employer must file with the Regional
Director an election eligibility list, containing the names and
addresses of all the eligible voters. The Regional Director, in
turn, shall make this information available to all parties in the
case. Failure to coin-ply with this requirement shall be grounds
for setting aside the election whenever proper objections are filed.
The Employer was advised of this Excelsior requirement at the time
it executed the Stipulation for Certification upon Consent Election
-and also after such Stipulation was approved. As the Employer has
clearly not complied with our requirement in the Excelsior case, its
exceptions 2 and 3 must be overruled.
' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as
amended , the Board has delegated its powers in connection with this proceeding to a
three-member panel [Members Fanning , Brown , and Jenkins]
AMERICAN FEDERATION OF TV AND RADIO ARTISTS 241
[The Board set aside the election held on May 2, 1966, among the
employees employed at the facility located at 407 West Compton
Boulevard, Gardena, California.]
[Text of Direction of Second Election omitted from publication.] 2
zAn election eligibility list, containing the names and addresses of all the eligible
voters, must be filed by the Employer with the Regional Director for Region 21 within
7 days after the date of issuance of the Notice of Second Election by the Regional Direc-
tor. The Regional Director shall make the list available to all parties to the election. No
extension of time to file this list shall be granted by the Regional Director except in extra-
ordinary circumstances. Failure to comply with this requirement shall be grounds for
setting aside the election whenever proper objections are filed . Excel8ior Underwear, Inc.,
156 NLRB 1236.
American Federation of Television and Radio Artists (AFTRA),
New York Local and Westinghouse Broadcasting Company,
Inc. (Del .). Case 2-CE-23. July 28,1966
DECISION AND ORDER
On September 9, 1964, Trial Examiner Thomas F. Maher issued
his Decision in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices within the meaning of the National Labor Relations Act,
as amended, and recommending that it cease and desist therefrom
and take certain affirmative action, as set forth in the Trial Exam-
iner's Decision attached as Appendix A to the attached Trial Exam-
iner's Supplemental Decision. The General Counsel and the Respond-
ent filed exceptions to the Trial Examiner's Decision and the
Respondent filed a brief in support of its exceptions. Thereafter, on
April 6, 1965, the National Labor Relations Board issued an Order
reopening the record and remanding the proceeding to the Regional
Director for Region 2 for further hearing for the purpose of
adducing additional evidence, as set forth in the Board's Order
attached as Appendix B to the Trial Examiner's Supplemental Deci-
sion. On December 10, 1965, the Trial Examiner issued his Supple-
mental Decision in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices within the meaning of the Act and recommending that it
cease and desist therefrom and take certain affirmative action, as set
forth in the attached Trial Examiner's Supplemental Decision. There-
after, the General Counsel and the Respondent filed exceptions to
the Trial Examiner's Supplemental Decision and briefs in support
thereof.
160 NLRB No. 24.
257-551-67-vol . 160-17