Consolidated Cigar Corp.

National Labor Relations Board - Board Decisions

Feb 9, 1956

115 N.L.R.B. 378 (N.L.R.B. 1956)

378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lunchcounter managers ; checkers ; part-time employees ; i2 and the
parking lot attendant, but excluding all watchmen, guards, and super-
visors as defined in the Act.
B. All the Employer's warehouse helpers and truckdrivers em-
ployed at the warehouse at 453 North Mill Street, Jackson, Missis-
sippi, including the refrigeration mechanic and the shipping-receiv-
ing clerk, but excluding office and plant clerical employees, guards,
professional employees, and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
MEMBERS MIJEDOCK and BEAN took no part in the consideration of
the above Decision and Direction of Elections.
12 The Inclusionof certain part-time package boys, is contested by the Employer. These
employees work Friday afternoon and all day Saturday. They sack packages and carry
them to cars. There is little turnover and the boys work regularly. Consequently, we
find that as regular part-time employees these employees have sufficient interest in com-
mon with the regular store employees to require their inclusion in the unit for purposes
of representation in collective bargaining. Giant Markets, Inc., 107 NLRB 10; L. lVie-
mann Company, 106 NLRB 1167.
Consolidated Cigar Corporation and Local 676, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, AFL-CIO,' Petitioner . Case No. 4-RC-2876.
February 9,1956
DECISION AND CERTIFICATION OF REPRESENTATIVES
On December 8, 1955, pursuant to a stipulation for certification upon
consent election, an election among the Employer's production and
maintenance employees was held at Camden, New Jersey, under the
direction and supervision of the Regional Director for the Fourth
Region. The tally of ballots, which was served upon the parties, shows
that of approximately 704 eligible voters, 623 cast ballots, of which
324 were for the Petitioner, 295 were for Local 80-A, Packinghouse
Workers, AFL-CIO, 2 were against both unions, and 2 were
challenged.
Thereafter, Local 80-A filed timely objections to conduct affecting
the results of the election. The Regional Director thereupon investi-
gated the objections and filed his report and recommendations on ob-
jections, finding that the objections did not raise material and substan-
tial issues and recommending that they be dismissed. Local 80-A
thereafter filed exceptions to the report.
'As the AFL and CIO merged since the execution of stipulation for certification upon
consent election , we are taking notice thereof and accordingly amending the names of the
Petitioner and the other participating union in this proceeding.
115 NLRB No. 69.
CONSOLIDATED CIGAR CORPORATION 379
The Board has considered the objections, the report, the exceptions,
and the entire record in the case, and makes the following findings : -
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. A question of representation affecting commerce -exists concern-
ing the employees of the Employer within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
4. The following employees constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
All production and maintenance employees at the Employer's Cam-
den, New Jersey, plant, excluding office clerical and plant clerical em-
ployees, professional employees, guards, and supervisory employees as
defined in the Act.
5. In agreement with the Regional Director, we find no merit in
Local 80-A's objections. "
In its first objection, Local 80-A alleges that the day before the elec-
tion the Petitioner issued leaflets in English and Polish indicating by
an "X" mark where employees should vote and "were printed in a
fashion that could be interpreted to appear the Government wants the
employees to vote a certain way." We-have examined a copy of this
leaflet and, like the Regional Director, find that it is not the type of an
altered copy of the Board's official ballot which tends to interfere with
a free choice of the election.2 Accordingly, we overrule the objection.
In its second objection, Local 80-A alleges that the Petitioner "in-
ferred to some employees before the election that they would lose their
jobs if they voted for" Local 80-A or if they did not vote for the Peti-
tioner. As no evidence was offered to sustain this allegation, we over-
rule this objection.
The third objection alleges that during the day of the election coin-
pany representatives talked with employees from an office window
within the no-electioneering area and indicated to them to vote for the
Petitioner. The alleged company representatives admitted that they
exchanged greetings with employees who walked by the window and
commented about the weather but denied that they gave any advice,
instruction, or suggestion to any employee as to how to vote. No evi-
dence was presented or uncovered contradicting the foregoing state-
ments except that one witness stated that she saw the lips of the plant
nurse, one of the alleged company representatives, form the letters
"A. F. L." but that the nurse stopped doing it when the witness ap-
proached the window. -In view of the foregoing, we find insufficient
2 Cf. Allied Electrical Products, Inc, 109 NLRB 1270.
380 ,DECISIONS OF NATIONAL LABOR RELATIONS BOARD
evidence of improper electioneering and therefore adopt the Regional
Director's recommendation.
As we have overruled the objections to conduct affecting the results
of the election,3 and as the tally of ballots shows that the Petitioner
has secured a majority of the valid votes cast in the election, we shall
certify it as the bargaining representative of the employees in the
appropriate unit.
[The Board certified Local 676, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO,
as the designated collective-bargaining representative of all produc-
tion and maintenance employees at the Employer's Camden, New
Jersey, plant, excluding office clerical and plant clerical employees,
professional employees, guards, and supervisory employees as defined
in the Act.]
Contrary to Local 80-A's request, we find no warrant for a further investigation or
hearing in this matter.
Sinclair Refining Company (Wood River - Refinery ) and Norman
,L. Cope
United Association of Journeymen and Apprentices of the Plumb-
ing and Pipefitting Industry of the United States and Canada,
AFL-CIO, Local 553' and Norman L. Cope. Gases Nos.14-CA-
1324 and 14-CB-294. February 10, 1956
DECISION AND ORDER
On September 29, 1955, Trial Examiner Lloyd Buchanan issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondents had engaged in and were engaging in certain unfair
labor practices and recommending that they cease and desist there-
from and take certain affirmative action, as set forth in the copy of
the Intermediate Report attached hereto. The Trial Examiner also
found that the Respondents had not engaged in other alleged unfair
labor practices. Thereafter, the Respondents and the General Coun-
sel filed exceptions to the Intermediate Report and supporting briefs.
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed. The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
these cases, and hereby adopts the findings and conclusions of the Trial
Examiner, to the extent that they are consistent herewith.
' The AFL and CIO having merged since the Trial Examiner issued his Intermediate
Report, we are amending the designation of the Respondent Union accordingly.
115 NLRB No. 67.