Hospital Pavia

National Labor Relations Board - Board Decisions

Aug 6, 1954

109 N.L.R.B. 746 (N.L.R.B. 1954)

746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. United Bakery Workers Union, Local 1807, CIO, is a labor organization
within the meaning of Section 2 (5) of the Act.
3. Respondent has not engaged in unfair labor practices within the meaning of
Section 8 ( a) (1) and (3) of the Act.
[Recommendations omitted from publication.]
M. PAVIA FERNANDEZ, INC., D% B/A HOSPITAL PAVIA and UNIDAD GEN-
ERAL DE TRAI3AJADORES DE PUERTO Rico. Case No. 24-RC-676. Au-
gust 6,195.
Supplemental Decision and Direction
Pursuant to a Decision and Direction of Election issued by the
Board on May 12, 1954,1 an election by secret ballot was conducted
on June 2, 1954, under the supervision of the Regional Director for
the Twenty-fourth Region, among the employees in the unit found
appropriate. Upon the conclusion of the election, the parties were
furnished a tally of ballots which showed that of approximately 28
eligible voters, 21 cast ballots, of which 4 were for and 5 were against
the Petitioner, and 12 ballots were challenged.
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director, in accordance with Board
Rules and Regulations, conducted an investigation of the challenged
ballots, and on June 23, 1954, issued and duly served upon the parties
his report on challenged ballots. In his report, the Regional Direc-
tor recommended that the challenges be overruled and that the bal-
lots be opened and counted. Thereafter, the Employer filed excep-
tions to the report on challenged ballots.
We are in accord with the recommendation of the Regional Director.
The ballots of 12 nurses' aides were challenged by the Employer on
the ground that these individuals did not possess a license required
under Puerto Rico statute for employment as nurses' aide. The 12
nurses' aides, though unlicensed, have been and continue to be em-
ployees of the Employer. As they were on the Employer's payroll
during the eligible period preceding the election, we find they were
entitled to vote in the election. Accordingly, we hereby overrule the
Employer's challenges, and shall direct that the challenged ballots
be opened and counted.
[The Board directed that the Regional Director shall, within ten
(10) days from the date of this Direction, open and count the ballots
cast by Carmen A. Texidor, Maria E. Caraballo, Basilic Rivera, Cat-
alina Llanos, Maria Andino, Carmen Julia Escalera, Julia Rodriguez,
Carmen Rivera, Antonia Otero, Aida L. Cedres, Aurea Robles, and
i Not reported in printed volumes of Board Decisions and Orders.
109 NLRB No. 108.
GENERAL ELECTRIC COMPANY 747
Carmen Otero, and thereafter prepare and cause to be served upon
the parties a revised tally of ballots, including therein the count of
said challenged ballots.]
MEMBER PETERSON took no part in the consideration of the above
Supplemental Decision and Direction.
GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRI-
CAL, RADIO & MACHINE WORKERS, CIO, PETITIONER. Case No. 9-
RC-2223. August 6, 195.¢
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National La-
bor Relations Act, a hearing was held before George M. Dick, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the At.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. United Electrical, Radio & Machine Workers of America, here-
inafter referred to as the UE, was permitted to intervene, individu-
ally, and on behalf of its Local 766. The UE asserts that its current
national agreement with the Employer, which covers the operations
involved herein at the Employer's Cincinnati Apparatus Department
Service Shop, as well as other operations of the Employer, is a bar
to the instant proceedings. This agreement, effective until April 1,
1955, and from year to year thereafter in the absence of appropriate
termination notice, contains the following modification clause :
Not more than 60 days and not less than "0 days prior to : June
1, 1954, April 1, 1955; and any April 1st date thereafter, respec-
tively, either the Company or the Union may present to the other
notice of proposed modifications or additions to the provisions
hereof. Within. 15 days after such notice is given, collective bar-
gaining negotiations shall commence for the purpose of consider-
ing such modifications or additions. Failing agreement thereon
by June 1, 1954, April 1, 1955, or any subsequent April 1st there-
after, respectively, the Union and its UE Locals shall have the
right to strike, but the contract shall continue in effect as pro-
vided in Article XXVI. However, in the event of such strike,
the Company may, at its option, terminate this agreement upon
three days' written notice to the Union.
109 NLRB No. 104.