Iowa Lamb Corp.

National Labor Relations Board - Board Decisions

Apr 22, 1985

275 N.L.R.B. 185 (N.L.R.B. 1985)

IOWA LAMB CORP.
Iowa Lamb Corporation and United Food & Com-
mercial Workers International Union, AFL-
CIO, CLC, Local 440, Petitioner. Case 18-RC-
13647
22 April 1985
DECISION AND DIRECTION
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
The National Labor Relations Board has consid-
ered determinative challenges and objections to an
election held 5 October 1984 and the hearing offi-
cer's report recommending their disposition. The
election was conducted pursuant to a Stipulated
Election Agreement . The tally of ballots shows 32
for and 32 against the Petitioner , with 6 challenged
ballots.
The Board has considered the record in light of
the exceptions and briefs and has adopted the hear-
ing officer 's findings and recommendations' only
to the extent consistent with this decision.
The hearing officer recommended that six chal-
lenged ballots be counted and (if the Union lost)
the election be set aside because on the day before
the election the Employer told employees it had
been seeking improved insurance coverage for
them . The hearing officer stated that the absence of
i Absent exceptions , we adopt pro forma the hearing officer 's recom-
mendations to overrule the Petitioner 's challenges to six ballots and the
Petitioner 's Objections 1-4
185
a specific objection did not foreclose considering
the conduct as objectionable.
The Petitioner did not allege that the statement
was objectionable, the Regional Director did not
identify it as an issue in his order directing hearing,
and at the hearing the hearing officer did not
inform the parties he would consider it in his
report. Further, based on our review of the record,
we find that the issue was not fully litigated. We
therefore conclude that the hearing officer erred in
considering an issue that was not fully litigated and
was wholly unrelated to the issues set for hearing.2
Accordingly, we direct that the six challenged bal-
lots be opened and counted and a revised tally of
ballots and appropriate certification be issued.
DIRECTION
It is directed that the Regional Director for
Region 18 shall, within 10 days from the date of
this decision, open and count the ballots of Steven
Bush, Bruce Coleman, Roger Millage, Wayne
Radtke, Judith Brady, and Sandra Pollema, and
prepare and cause to be served on the parties a re-
vised tally of ballots and an appropriate certifica-
tion.
E We find it unnecessary to pass on whether the statement constituted
objectionable conduct
Member Hunter does not consider the Employer 's statement to em-
ployees that it had been seeking improved insurance coverage for them
"wholly unrelated" to other conduct alleged in the objections However,
he agrees, for the other reasons set forth above, that in the particular cir-
cumstances here the hearing officer improperly relied on the Employer's
statement in recommending that the election be set aside
275 NLRB No. 35