Bryant Electric Co., Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1975

216 N.L.R.B. 933 (N.L.R.B. 1975)

BRYANT ELECTRIC CO., INC.
Bryant Electric Company, Inc. and International
Brotherhood of Electrical Workers, Local Union
558, AFL-CIO, Petitioner. Case 10-RC-10168
March 7, 1975
DECISION ON REVIEW
BY MEMBERS FANNING, JENKINS, AND
PENELLO
On November 5, 1974, the Regional Director for
Region 10 issued his Decision and Direction of
Election in the above-entitled proceeding in which he
directed an immediate election in a unit of all
electricians , cable splicers , apprentices, and helpers
employed by the Employer at its Decatur , Alabama,
project . Thereafter , the Employer, in accordance
with the National Labor Relations Board 's Rules
and Regulations , Series 8, as amended , filed a timely
request for review of the Regional Director 's Deci-
sion on the grounds that he departed from officially
reported Board precedent and made erroneous
findings of fact.
By telegraphic order dated December 9, 1974, the
National Labor Relations Board granted the request
for review and stayed the election pending decision
on review . Thereafter , the Employer filed a brief on
review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review and
makes the following findings:
933
As noted above the Petitioner seeks an election
among all of the Employer's electricians, cable
splicers, apprentices, and helpers employed at its
General Motors construction project in Decatur,
Alabama.
On October 22, 1974, the date on which the hearing
herein was conducted, there were four unit employ-
ees on the job in three classifications. By mid-
February 1975, there will be 15 to 20 employees
including foremen and by mid-April there are
expected to be approximately 35 employees, includ-
ing foremen , with the ultimate complement of
approximately 47 or 48 unit employees and 7 or 8
foremen in 5 or 6 job classifications by the end of
June 1975. The Decision and Direction of Election
issued November 5, 1974, with eligibility determined
by the payroll period immediately preceding that
date.
In the circumstances of this case, we find that the
Regional Director, by directing an immediate elec-
tion, in which only four employees would have been
eligible to participate, unreasonably disenfranchised
a substantial number of employees who are sched-
uled to be hired by mid-February 1975.
Accordingly, we hereby remand the case to the
Regional Director for the purpose of conducting an
election pursuant to the Decision and Direction of
Election, except that the payroll period for determin-
ing eligibility shall be that immediately preceding the
issuance date of this Decision on Review. [Excelsior
footnote omitted from publication.]
216 NLRB No. 159