Georgia-Pacific Corp.

National Labor Relations Board - Board Decisions

Aug 27, 1970

185 N.L.R.B. 411 (N.L.R.B. 1970)

GEORGIA-PACIFIC CORPORATION
Georgia-Pacific Corporation Crossett Division-El
Dorado and Southern Council of Lumber and Ply-
wood Workers, United Brotherhood of Carpenters
and Joiners of America , AFL-CIO, Petitioner.
Case 26-RC-3569
August 27, 1970
SUPPLEMENTAL DECISION
On February 27, 1970, the National Labor Relations
Board issued a Decision, Order, and Directions' in
this case, sustaining the challenge to the ballot of
office janitress Nettie Carter on the basis that her
interests do not warrant her inclusion in the produc-
tion and maintenance unit; and adopting, pro forma,
the Regional Director's recommendations that the
challenges to the ballots of J.C. Williams, Henry
Bailey, and Gentry Lee Williams be overruled and
their ballots opened and counted. However, decision
was deferred on the Regional Director's recommenda-
tion that the challenge to the ballot of Jesse Johnson
be overruled on the basis that he is not a supervisor;
and it was provisionally directed, in the event that
Johnson's ballot could affect the result of the election,
that a hearing be conducted to take evidence on
Johnson's supervisory status. In addition, the Board
found, contrary to the Regional Director's recommen-
dations, that a speech by the Employer to assembled
employees created an atmosphere of fear which inter-
fered with the election and ordered that the election
therefore be set aside if the Union lost and Johnson's
ballot was not determinative.
Thereafter, the Employer filed a Motion for Recon-
sideration in which it contends that, in the light
of Board precedent, the Employer's preelection speech
did not interfere with the election, and the Board
1 181 NLRB No 53 (Panel of Chairman McCulloch and Members Brown
and Jenkins)
411
should therefore reverse its Decision, Order, and
Directions insofar as it conditionally set aside the
election. In addition, the Employer contends in its
motion that the Board should reconsider its determina-
tion sustaining the challenge to office janitress Nettie
Carter's ballot and should adopt the Regional
Director's recommended order that her ballot be
opened and counted because her interests sufficiently
ally her with employees in the production and mainte-
nance unit to require that she be included in that
unit. The Petitioner filed no response to the Employ-
er's motion.
The Board has considered the motion and the
entire record in this case and hereby grants the motion.
Based on its reconsideration of the entire record,
the Board, contrary to its original Decision, hereby
adopts the findings conclusions, and recommendations
of the Regional Director in their entirety, except
as to the challenged ballot of Jesse Johnson, with
respect to which we adhere to the directions heretofore
issued.2
In view of the above, the Direction is hereby amend-
ed to include the ballot of Nettie Carter among those
ballots to be opened and counted' within 10 days
of the date of this Supplemental Decision, and in
the event the challenged ballot of Jesse Johnson is
not determinative of the election results, the Regional
Director shall issue the appropriate certification. How-
ever, in the event that the revised tally of ballots
shows that the challenged ballot of Jesse Johnson
is determinative of the election results, the Provisional
Order of Hearing heretofore issued shall be applicable.
MEMBER BROWN, dissenting:
I would deny the Employer's motion for reconsider-
ation and affirm the original decision for the reasons
stated therein.
' The Employer's Motion for Reconsideration did not extend to the
provisional direction as to Johnson
' Thus, the baiiots of J C Williams, Henry Bailey Gentry Lee Williams,
and Nettie Carte[ are to be opened and counted
185 NLRB No. 77