Imperial Optical Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 17, 1957

119 N.L.R.B. 5 (N.L.R.B. 1957)

IMPERIAL OPTICAL MANUFACTURING COMPANY 5
Imperial Optical Manufacturing Company and International
Electrical , Radio and Machine Workers, United Optical Work-
ers Union , Local 408, AFL-CIO , Petitioner . Case No. 12-RC-
100. October 17,1957
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
Pursuant to a stipulation for certification upon consent election
executed between the Employer and the Petitioner on May 10, 1957,
and approved by the Regional Director on May 21, 1957, an election
by secret ballot was conducted on May 31, 1957, under the direction
and supervision of the Regional Director for the Twelfth Region.
The tally of ballots furnished the parties showed that there were ap-
proximately 85 eligible voters; that 80 votes were cast, of which 10
were for, and 69 against, the Petitioner; and that 1 ballot was chal-
lenged. The single challenged ballot is not sufficient to affect the
results of the election.
On June 4, 1957, the Petitioner filed timely objections to the elec-
tion, alleging that the Employer engaged in intimidatory conduct,
consisting of (1) a discriminatory discharge; (2) "various illegal
statements, threats, and promises to the employees" and the grant of
certain wage increases; and (3) promises of wage increases, extra
overtime work, and hospitalization benefits if the employees voted
against the Petitioner, and release (with pay) of various employees
an hour early on the day before the election. The first objection was
withdrawn by the Petitioner. The second objection was found to be
directed to conduct occurring, with Petitioner's knowledge, prior to
the execution by the parties of the stipulation for certification upon
consent election. The Regional Director properly rejected this ob-
jection upon the authority of F. W. Woolworth.' In regard to the
third objection, the Petitioner was unable to produce witnesses to
support its position. However, a Board agent made efforts through
the Petitioner's business agent to interview the employees in their
homes, but he was advised by the business agent that the employees
would not see or talk to him. The Regional Director thereupon over-
ruled the third objection on grounds of the Petitioner's failure to
support its allegation. Thereafter, the Petitioner filed an exception
to the Regional Director's report.
The Board has considered the Petitioner's objections, the Regional
Director's report, and the Petitioner's exception, and hereby adopts
the Regional Director's recommendation that the objections be over-
ruled and the results of the election certified.
109 NLRB 1446.
119 NLRB No. 5.
'6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In its exception , the Petitioner states that the Regional Director
failed to verify Petitioner 's third objection from the books of the
Employer. In the Petitioner 's view the Regional Director should
have determined whether any employee received unearned compensa-
tion immediately before election . The Regional Director is not re-
quired to investigate unsubstantiated charges . The complaining party
must furnish more than mere allegations . This the Petitioner has
failed to do . 2 Moreover , Petitioner 's exception is now no more cor-
roborated with fact than its original objections to the Regional
Director . Therefore , in accordance with settled Board policy, we
overrule the exception in its entirety.'
Since Petitioner did not secure a majority of the valid votes cast
in the election and since its exception is overruled , we will certify
the results of the election.
[The Board certified that a majority of the valid ballots was not
cast for the International Electrical, Radio and Machine Workers,.
United Optical Workers Union, Local 408, AFL-CIO, and that this
labor organization is therefore not the exclusive representative of the.
employees of the Employer.]
CHAIRMAN LEEDOM and MEMBER MURDOCK took no part in the con-
sideration of the above Decision and Certification of Results of
Election.
The Rankle Company of Texas, 117'NLRB 462; Hincher Hannfactw•ing Company, 106
NLRB 1314, 1316.
3 N. B. Liebman f Company , Inc., 112 NLRB 88, 90.
Alamo Express, Inc., and Alamo Cartage Company and General
Drivers, Warehousemen & Helpers, Local 968, AFL-CIO. Case
No. 39-CA-500. October 18,195 7
DECISION AND ORDER
On March 12, 1957, Trial Examiner Herbert Silberman 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 therefrom
and take certain affirmative action as set forth in the copy of the Inter-
mediate Report attached hereto. The Trial Examiner also found that
the Respondents had not engaged in other unfair labor practices and
recommended that the complaint be dismissed with respect thereto.'
1 There being no exceptions thereto, and without passing on the merits , we adopt the
Trial Examiner's recommendations that the allegations of the complaint regarding the
-discharges of Perfecto Tey, C. L. Vinson, Rubin Garza, and Teroy Riggans be dismissed-
119 NLRB No. 8.