J. C. Pitman & Sons, Inc.

National Labor Relations Board - Board Decisions

Oct 12, 1955

114 N.L.R.B. 369 (N.L.R.B. 1955)

J. C. PITMAN & SONS, INC. 369
J. C.-Pitman & Sons, Inc. and - In- ternational -Union of.- Electrical;
Radio and Machine Workers, CIO; Petitioner . - Case No. 1=RC=
14079. ^ October 12,1955
SUPPLEMENTAL DECISION, DIRECTION, AND ORDER
Pursuant to a Decision and Direction of Election 1 in the above-
entitled proceeding, dated July 20, 1955, an election by secret ballot
was conducted on August 12, 1955, under the direction and supervision
of the Regional Director for the First Region among the production
and maintenance employees at the Employer's Concord, New Hamp-
shire, plant. At the conclusion of the election the parties were fur-
nished a tally of ballots. The tally showed that there were 39 eligible
voters, and that 25 cast ballots, of which 16 were cast for the Petitioner
and 9 were cast against it. There were 11 challenged ballots, a number
sufficient to affect the results of the election. Thereafter the Regional
Director investigated the issues raised by the challenges, all of which
were made by the Petitioner.
On- September 6, 1955, the Regional Director issued his report on
challenged ballots. On September 19, 1955, the Employer filed timely
exceptions to the report. The Petitioner has filed no exceptions to the
report.
In his report the Regional Director recommended that the challenges
to the ballots of Eastabrook, Snow, Taylor, and Heaney be overruled,
and that the challenge to the ballot of Monaco be sustained. As mo
exceptions have been taken to these recommendations, they are hereby
adopted.
The Regional Director recommended further that the challenges to
the ballots of Burger and Collins be sustained, as they were found to
be students hired for temporary work during the summer. He found
that Martels, Lagos, Raymond, and Tewksbury, who were challenged
on the ground that they were supervisors, assigned work and had au-
thority to recommend wage increase for other employees and were
therefore supervisors. He accordingly recommended that the chal-
lenges to their ballots be sustained. Finally, as the four ballots, as to
which he had recommended that the challenges be overruled, would
not be determinative of the election, the Regional Director recom-
mended that the Petitioner be certified as bargaining representative
of the employees in the appropriate unit.
In its exceptions, the Employer asserts, contrary to the Regional
Director's findings, that Burger and Collins were not hired on a tem-
porary basis but as regular full-time employees and that Martels,
Lagos, Raymond, and Tewksbury' do not assign work, and have no
i Not reported in printed volumes of Board Decisions and Orders.
114 NLRB No. 72
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
authority to recommend wage increases. The Employer asks that a
hearing be held to resolve the issues raised by its exceptions.
The Board has considered the Regional Director's report and the
Employer's exceptions thereto and finds that they raise substantial
and material issues of fact with respect to the eligibility of Burger;
Collins, Martels, Lagos, Raymond, and Tewksbury, which may best be
resolved by a hearing. However, we shall order that such a hearing
be held only if it should develop, after the opening of the ballots here-
inafter directed to be opened and counted, that the remaining six
challenged ballots may be determinative of the results of the election.
(The Board directed that the Regional Director for the First Region
shall, within ten (10) days from the date of this Direction, open and
count the ballots of Maurice Eastabrook, Ezra Snow, Arnold Taylor,
and James Heaney, and serve upon the parties a supplemental tally
of ballots.]
ORDER
IT IS HEREBY ORDERED that, if upon the opening and counting of the
four ballots above described, the challenged ballots of Joseph Burger,
Peter Collins, Conrad Martels, Peter Lagos, Edward Raymond, and
Francis Tewksbury are still sufficient in number to affect the results of
the election, the Regional Director shall hold a hearing for the purpose
of determining the eligibility of these employees.
IT IS FURTHER ORDERED that the hearing officer designated for the
purpose of conducting such hearing, shall prepare and cause to be
served upon the parties a report containing resolutions of credibility
of witnesses, findings of fact, and recommendations to the Board as
to the disposition of the challenges. Within 10 days from the date of
the issuance of such report, any party may file with the Board in Wash-
ington, D. C., an original and six copies of exceptions. The party filing
the same shall serve a copy thereof upon each of the other parties, and
the Regional Director. If no exceptions are filed thereto, the Board
will adopt the recommendations of the hearing officer.
Great Falls Employers Council , Inc. and Ronald Mauer, Peti-
tioner and Retail Clerks International Association, Local No.
57. Case No. 19-RD-88. October 10, 1955
DECISION AND ORDER
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before Albert L. Gese, hearingoffi-
114 NLRB No. 78.