Certain-Teed Products Corp.

National Labor Relations Board - Board Decisions

Jan 30, 1975

216 N.L.R.B. 356 (N.L.R.B. 1975)

356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Certain-Teed Products Corporation and International
Union, United Automobile , Aerospace & Agricul-
tural Implement Workers of America, UAW,
Petitioner. Case 9-RC-10477
January 30, 1975
DECISION AND ORDER DIRECTING
HEARING
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS AND PENELLO
Pursuant to authority granted it under Section 3(b)
of the National Labor Relations Act, as amended, a
three-member panel has considered the objections to
an election held May 30, 1974,1 and the Regional
Director's Report recommending disposition of
same . The Board has reviewed the record in light of
the Employer's exceptions and brief and is of the
opinion that the exceptions raise issues with respect
to portions of the Employer's Objections 1, 3, and 4,
as below described, which can best be resolved by a
hearing. The Board adopts the Regional Director's
disposition of the remaining allegations of objection-
able conduct.2
ORDER
It is hereby ordered that, pursuant to Section
102.69(f) of the Board's Rules and Regulations,
Series 8, as amended , a hearing be held before a duly
i The election was conducted pursuant to a stipulation for certification
upon consent election The tally was 83 for, and 74 against, the Petitioner;
there were 3 challenged ballots, an insufficient number to affect the results.
2 In the absence of exceptions , the Board adopts , pro forma, the Regional
Director's rejection of the Employer 's allegations of objectionable conduct
as described in Objection I, par. (A), (B), and (DXI) of the Regional
Director's Report; in Objection 2; and in that portion of Objection 4
concerning the alleged defacing of a posted model Board ballot. With
respect to the Employer's exceptions to the Regional Director 's disposition
of the remaining allegations of objectionable conduct , the Board finds that,
except as to the issues on which it has directed a hearing, those exceptions
are without merit . Member Penello agrees that the objections concerning
designated Hearing Officer for the purpose of
receiving evidence as to whether, as alleged in the
Employer's Objection 3, an employee was coerced
and intimidated in the exercise of his Section 7 rights
and whether, as alleged in portions of Objections 1
and 4, the Petitioner led employees to believe that its
offer to waive initiation fees was available only to
employees who signed authorization cards before the
election.
IT IS FURTHER ORDERED that the Hearing Officer
designated for the purpose of conducting such
hearing shall prepare and cause to be served on the
parties a report containing resolutions of the credibil-
ity of witnesses, findings of fact, and recommenda-
tions to the Board as to the disposition of said
objections. Within 10 days from the date of issuance
of such report, any party may file with the Board in
Washington, D.C., eight copies of exceptions thereto.
Immediately upon the filing of such exceptions, the
party filing the same shall serve a copy thereof on the
other .parties and shall file a copy with the Regional
Director. If no exceptions are filed thereto, the Board
will adopt the recommendations of the Hearing
Officer.
IT IS FURTHER ORDERED that the above-entitled
matter be, and it hereby is, referred to the Regional
Director for Region 9 for the purpose of conducting
said hearing, and that the Regional Director be, and
he hereby is, authorized to issue notice thereof.3
alleged misrepresentations be overruled for the reasons set forth in his
dissenting opinion in Medical Ancillary Services, Inc., 212 NLRB 582 (1974).
3 We note that, in the section of his Report entitled "Objection No I
(E)," the Regional Director inadvertently reported that a leaflet distributed
by Petitioner stated that union dues were $2 per month . The leaflet actually
stated that dues were 2 hours ' pay per month . Also, in the section of his
report entitled "Objection No. I (F)," the Regional Director inadvertently
reported that the leaflet stated "The International Union does not charge an
Initiation Fee" for a certain period after a Board election . The leaflet
actually stated that "the International Union usually does not charge an
initiation fee" for a certain period (emphasis supplied).
216 NLRB No. 59