Fletcher-Eichman Co.

National Labor Relations Board - Board Decisions

Jul 14, 1954

109 N.L.R.B. 170 (N.L.R.B. 1954)

170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees time off. We find that his direction of the loaders is routine
in nature. We shall include him in the unit io
The senior mechanic at Miami directs a crew of 10 men. He is paid
by salary and is the highest paid employee in the plant. He has in
fact hired three employees. We shall exclude him from the unit as
a supervisor.
We find that all production and maintenance employees at the
Miami Paper Board Mills, Inc., and Simco Waste Paper, Inc., Miami,
Florida, including the shipping clerk and the baling foreman, but
excluding office clerical employees, guards, the senior mechanic, and
all other supervisors as defined in the Act, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.I
10 Southern Paperboard Corporation , 84 NLRB 822.
FLETCHER-EICHMAN COMPANY and Ross GOLDEN, MARY HANSEN, ET
AL., PETITIONER and LOCAL 743, INTERNATIONAL BROTEIERHOOD OF
TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,
AFL. Case No. 13-UD-13. July 111,1954
Decision, Order, and Direction of Election
On February 26, 1954, a petition was filed by Ross Golden, Mary
Hansen , et al.,' pursuant to Section 9 (e) (1) of the National Labor
Relations Act, to withdraw the union-shop authority of the Union.
Thereafter, on March 26, 1954, the Regional Director for the Thir-
teenth Region conducted an election among the warehouse and mainte-
nance employees of the Employer to determine whether they desired
to withdraw the authority of their bargaining representative to re-
quire, under its agreement with the Employer, that membership in
the Union be a condition of employment.
Upon completion of the election, the Regional Director duly issued
and served on the parties a tally of ballots, which showed that, of
approximately 9 eligible voters, 7 voted in favor of and 2 voted against
the above proposition, and no ballots were challenged.
Thereafter, the Union filed timely objections to the election. On
April 30, 1954, the Regional Director issued his report on objections
finding merit in the Union's first objection and recommending that the
election be set aside. He found no merit in the Employer's other ob-
jections and recommended that they be overruled. The Union there-
1 Five other employees also signed the petition.
109 NLRB No. 24.
NADEAU LUMBER CO., INC. 17 1
upon excepted to so much of the Regional Director's report as rejected
its other grounds for setting the election aside.
Having duly considered the matter, the Board finds as follows :
As to the first objection, the Regional Director found that at 4: 15
p. m. on the day before the election, approximately 15 minutes before
the end of the workday, the employees were told to stop work and
report to the office of the Employer's president to listen to some re-
marks by him. By 4: 25 all of the employees had gathered in his office
and the Employer's president read a speech to them. The employees
were paid as usual until 4: 30. The Regional Director found that
the Employer's conduct violated the rule of Peerless Plywood Com-
pany 2 and recommended that the objection be sustained and the elec-
tion set aside.
As already noted, no exceptions were filed to this finding and recom-
mendation. Accordingly, we adopt them and will set the election
aside.
In its exceptions the Union contends that the Regional Director
also should have found merit in its other objections alleging that the
Employer made threats of reprisal and promises of benefit and other-
wise restrained and coerced the employees in the exercise of their free
choice in the election. As we have decided to set the election aside
on the basis of the first objection, we find it unnecessary to pass on the
merits of the other objections.
Accordingly, as we have sustained the Union's first objection, we
shall set aside the results of the March 26 election and direct that a
new election be conducted.
[The Board set aside the election held herein on March 26, 1954.]
[Text of Direction of Election omitted from publication.]
MEMBER RODGERS took no part in the consideration of the above De-
cision, Order, and Direction of Election.
2 107 NLRB 427.
NADEAU LUMBER Co., INC. and UNITED BROTHERHOOD LOCAL 75, IN-
TERNATIONAL BROTHERHOOD OF PULP, SULPHITE AND PAPER MILL
WORKERS, AFL, PETITIONER. Case No. 1-RC-3535. July 14, 1954
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Robert E. Greene,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
109 NLRB No. 27.