Jervis Corp.

National Labor Relations Board - Board Decisions

Jul 23, 1968

172 N.L.R.B. 1274 (N.L.R.B. 1968)

1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jervis Corp., Bolivar Division and International
Union , United Automobile Aerospace & Agricul-
tural Implement Workers of America , UAW, Peti-
tioner. Case 26-RC-3006
July 23, 1968
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND ZAGORIA
Pursuant to a Stipulation for Certification Upon
Consent Election approved by the Regional
Director for Region 26 on October 2, 1967, an
election was conducted on October 26 and 27,
1967, among the employees in the stipulated ap-
propriate unit at the Employer's Bolivar, Tennes-
see, plant. Upon conclusion of the election, a tally
of ballots was furnished the parties which showed
that of approximately 718 eligible voters, 305 cast
valid votes for, and 357 cast valid votes against, the
Petitioner, 5 cast void ballots, and 10 cast chal-
lenged ballots. The challenged ballots were not suf-
ficient in number to affect the results.
On November 3, 1967, the Petitioner filed timely
objections to conduct affecting the results of the
election. The Regional Director caused an in-
vestigation of the objections to be made, and on
December 20, 1967, issued and served on the
parties his Report on Objections. In his Report, the
Regional Director recommended that Objections 2
through 13, 16, and 18 be overruled. He further
recommended that Objections 15 and 17 be
sustained, and in the event this recommendation
was not adopted, he recommended that a hearing
be held to resolve the issues raised by Objections 1,
14, and the Rawles incident.
On January 12, 1968, the Employer filed timely
exceptions to the Regional Director's findings and
recommendations with respect to Objections 1, 14,
15, 17, and the Rawles incident. On January 26,
1967, the National Labor Relations Board issued an
Order Directing a Hearing, in which it adopted, pro
forma, the Regional Director's recommendation
that Objections 2 through 13, 16, and 18 be over-
ruled, and ordered a hearing with respect to Objec-
tions 1, 14, 15, 17, and the Rawles incident.
Pursuant to the Board's Order, a hearing was
held on February 20, 21, and 22 before Hearing Of-
ficer Robert C. Batson . The Employer, the Peti-
tioner, and counsel for the Regional Office ap-
peared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bear-
ing on the issues . On April 2, 1968, the Hearing Of-
ficer issued and duly served on the parties his Re-
port and Recommendation on Objections to Elec-
tion, in which he recommended that Objection 14,
the Rawles incident, and that portion of Objection
15 relating to leaflets distributed by the Employer
be overruled. He further recommended that Objec-
tion 1, that portion of Objection 15 relating to
threats made by supervisors, and Objection 17 be
sustained, and that the election be set aside and a
second election directed. The Employer filed ex-
ceptions to the latter recommendations and a brief
in support thereof.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, the Board has
delegated its powers in connection with this case to
a three-member panel.
The Board has reviewed the rulings made by the
Hearing Officer at the hearing and finds that no
prejudicial error was committed.' The rulings 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 Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists con-
cerning the representation of employees of the Em-
ployer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that all
production and maintenance employees at the Em-
ployer's Bolivar, Tennessee, plant, including
timekeepers, inspectors, group leaders, expediters,
shipping clerks, shipping employees, and store-
' After three employees testified at the hearing herein , the Employer
requested affidavits given by them during the investigation of Case
26-CA-2976, alleging the discriminatory discharge of one of these em-
ployees after the election herein and which had been dismissed by the Re-
gional Director After an of camera examination of the affidavits, the Hear-
ing Officer denied the request , on grounds of irrelevancy , as to all except a
portion of one affidavit which was given to the Employer We find no merit
in the Employer 's contention that this procedure was violative of Section
102 118 of the Board's Rules and Regulations , Series 8, as amended, and
the Jencks Act, 18 USC Section 3500 Cf Local346 , International Leather
Goods Union, AFL-CIO, 133 NLRB 1617, fn 24 Moreover, as the Em-
ployer did not request that the disputed affidavits be preserved and made
available to the Board for review of the Hearing Officer 's relevancy deter-
minations , we cannot find that such determinations were prejudicial Cf
N L R B v Seine and Line Fisherman's Union of San Pedro, etc , 374 F 2d
974 (C A 9), cert denied 389 U S 913
172 NLRB No. 136
JERVIS CORP. 1275
keepers; but excluding office clerical employees,
professional employees, schedulers, over-the-road
truckdrivers, laboratory technicians, watchmen,
guards, and supervisors as defined by the Act, con-
stitute a unit for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act.
5. The Board has considered the Hearing Of-
ficer's Report and Recommendation on Objections
to Election, the exceptions and brief filed by the
Employer, and the entire record in the case, and
hereby adopts the Hearing Officer's conclusions
and recommendations.' Accordingly, we shall order
that the election be set aside and direct that a
second election be held.
ORDER
It is hereby ordered that the election conducted
herein on October 26 and 27, 1967, be, and hereby
is, set aside.
[Direction of Second Election omitted from
publication. ]
I In the absence of exception , the Hearing Officer's recommendation
that Objection 14, the Rawles incident , and that portion of Objection 15
relating to leaflets distributed by the Employer be overruled is adopted pro
fornia The Employer 's exceptions raise no issues of fact or law warranting
reversal of the Hearing Officer's recommendations
a In order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their ad-
dresses which may be used to communicate with them Excelsior Un-
derwear Inc, 156 NLRB 1236, N L R B v Wynian-Cordon Co, 394 U S
759. Accordingly, it is hereby directed that an election eligibility list, con-
taining the names and addresses of all the eligible voters , must be filed by
the Employer with the Regional Director for Region 26 within 7 days after
the date of issuance of the Notice of Second Election by the Regional
Director The Regional Director shall make the list available to all parties
to the election No extension of time to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed