Cuneo Press of Indiana

National Labor Relations Board - Board Decisions

Oct 28, 1955

114 N.L.R.B. 764 (N.L.R.B. 1955)

764 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the election.2 'We therefore adopt the Regional Director' s recom.
mendations- that the objections be overruled. - We shall' certify the
Intervenor as the collective-bargaining representative of the em-
ployees in the appropriate unit.
[The Board certified Local 231, International Brotherhood of Team-
sters, Chauffeurs,, and Warehousemen, as the designated collective-
bargaining representative of the employees in the unit found
appropriate.]
MEMBER MURDOCK `took no part in the consideration of the aji v.
Supplemental Decision and Certification of Representatives.
9 See A. Wermon A Sons, Inc, 106 NLRB 1215, where the Board stated that the test
as to whether the particular conduct justifies setting aside an election is whether "the
conduct was reasonably calculated to have a coercive effect upon the employees in the
unit."
Cuneo Press of Indiana and International Association of Ma-
chinists,` AFL, Petitioner. Case No. 35-RC-1075. October 28,
1955
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued herein on
December 20, 1954, an amendment issued on February 2, 1955, and a
Second Direction of Election issued on June 13, 1955,1 an election by
secret ballot was conducted' on July 13, 1955, under the direction and
supervision of the Regional Director for the Ninth Region, among
employees in a certain voting group described by the Board. Follow-
ing the election, a tally of ballots was furnished the parties. The tally
shows that all eight ballots cast in the election were valid and for the
Petitioner.
On July 18,1955, the Employer filed timely objections to the conduct
of the election and to conduct affecting the results of the election.
The Regional Director investigated the objections and on September
7,1955, issued and duly served upon the parties a report on objections
to election and recommendation, in which he recommended that the
objections be overruled and the Petitioner be certified. Within the
proper time therefor, the Employer filed exceptions to the Regional
Director's report.
The essential objection of the Employer to the election held in this
case is that the Board may not properly proceed with the entire repre-
sentation proceeding because of unfair labor practice charges filed by
1 Not reported in printed volumes of Board Decisions and Orders.
114 NLRB No. 115.
CALIFORNIA FOOTWEAR COMPANY ' 765
the Employer against a union which is not a party to this case^and-has
for some time represented and still does represent certain employees of
the Employer. These charges have been dismissed by the Regional
Director after full investigation, and the Employer's appeal from such
action of the Regional Director is now under consideration by the
General Counsel. It is a long-established practice of the Board not to
hold representation proceedings in abeyance after unfair labor prac-
tice charges have been found to be without merit by the Regional
Director, notwithstanding the fact that the Regional, Director' s action
is still under investigation by the General Counsel.' Accordingly, we
agree with the Regional Director's conclusion that the Employer's ob-
jections are without merit, and in accordance with his recommendation
we hereby overrule them.' -
As the tally of ballots shows that the Petitioner received the ma-
jority of the ballots cast in the election, we shall certify it as the
bargaining representative selected by the employees.
[The Board certified International Association of Machinists, AFL',
as the designated collective-bargaining representative of the machin-
ists and helpers employed by the Employer at the Kokomo, Indiana,
plant, excluding supervisors as defined in the Act.]
MEMBER Munnoog took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.
9 See Mc Quay Incorporated, 107 NLRB 787 , footnote 1; Terminal Storage Company,
104 NLRB 407 , footnote 2; The Alliance Manufacturing Company , 101 NLRB 112, foot-
note 4 ; United States Smelting, Refining and Mining Company, 93 NLRB 1280, footnote 2.
The Employer's request for oral argument is hereby denied as the record and exceptions,
in our opinion , adequately present the issues and positions of the parties.
sLike the Regional Director , we also find no merit in the Employer 's remaining objec-
tions based on other pending charges for the reason that the matters involved in those
charges bear no relationship to the employees involved in this case , or concern matters
that occurred after the date of the election.
Jack Lewis and Joe Levitan d/b/a California Footwear Company
and United Shoe Workers of America, Local 122
Trina Shoe Company and United Shoe Workers of America,
Local 122
Jack Lewis and Joe Levitan d/b/a California Footwear Company,
and Trina Shoe Company and United Shoe Workers - of Amer,
ica, Local 122. Cases Nos. 21-CA1659, 21-Cg 1658; and 21-CA-=
1863. October 31,1955
DECISION AND ORDER
On April 28, 1954, Trial Examiner James R. Hemingway issued his
Intermediate Report in the above-entitled proceeding, finding that the
114 NLRB No. 117.