Martinolich Ship Repair Co.

National Labor Relations Board - Board Decisions

Feb 21, 1955

111 N.L.R.B. 761 (N.L.R.B. 1955)

MARTINOLICH SHIP REPAIR CO. 761
C. Mazzarella, Connie Palozzalo, Jennie Palys, Eva Pedersen, Alice
Silva, Ethel Silva, and Concetta Vassallo in the election held herein,
and serve upon the parties to this proceeding a supplemental tally of
ballots , including therein the count of said ballots.]
Appendix A
Josephine Bellotti Louis J. Rio Anna Elsaser
Julia Barone Margaret Russo Anna Kucharski
Rose Giattino Concertina Sales Satenig Garabedian
Erma Scarpa Michelina Szdlowski Monroe Frascona
Loretta Berard Mary Syzmanowski Mary Gionfriddo
Mary Cianci Pasqualina Smith Mary Anginito
Catherine Marijosius Angelo Veneziano Jennie Kayko
Vera Symolon Constance S. Veneziano Mary Kalinowski
Josephine Amenta Pauline Zisk Yvonne Moore
Joseph Borselle John Verillo Lillian Motto
Anna Bystry Anna Atkinson Pauline Majka
Connie Cappello Salvatore Annino Jessie Niedziwicki
Annamaria D'Agata Angelina Agnello Lucy Negrini
Laura Forgione Albert Baruffi Ann Pandolfi
Julia Ingenito Tinino Bissoni Angelina Orticari
Angelo Mendolfo Carmeline Berritta Jennie Rio
Carmela Mazzarella Josephine Bissone James Rio
Julia Mariotti Jianine Bianco Edmund Sargis
Anthony Manduke Maria Catala Cinda Russo
Patsy Motto Mary Caristia Lucy Suprynowicz
Francisco Moreno Rose Caldarone Anna Taricani
Dorothy Muraca Florence Diminno Lillian Volonino
Marie Pawlicki Angelina Di Luzio Enrico Vitelli
Francis A. Parise Ann Dorbuck Frances Vaccariello
MARTINOLICH SHIP REPAIR Co. and INTERNATIONAL ASSOCIATION OF
MACHINISTS , AFL, PETITIONER. Case No. 20-RC-2610. February
21,1955
Supplemental Decision and Direction
Pursuant to a Decision and Direction of Election issued by the Board
herein on October 5,1954,E an election by secret ballot was conducted on
October 27, 1954, under the direction and supervision of the Regional
Director for the Twentieth Region, among the employees in the ap-
propriate unit. Upon the conclusion of the election, the parties were
furnished a tally of ballots which showed that of 21 votes cast in the
I Not reported in printed volumes of Board Decisions and Orders.
111 NLRB No. 120.
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election, 8 were for the Petitioner, 1 was for the Intervenor, Local 1304,
United Steelworkers of America, CIO, and 12 were challenged. The
challenged ballots were sufficient in number to affect the results of the
election.
On November 4, 1954, the Intervenor filed what purported to be ob-
jections to conduct affecting the results of the election. The Regional
Director refused to consider these objections on the ground that they
were not timely filed.
In accordance with the Rules and Regulations of the Board, the
Regional Director conducted an investigation of the challenged bal-
lots, and on December 10, 1954, issued and duly served upon the
parties his report on challenged ballots wherein he recommended that
all the challenges be overruled and the ballots be opened and counted.
Thereafter, the Intervenor filed its exceptions 2 to the report on chal-
lenged ballots and a motion to enlarge the time for filing objections.
1. The objections
With respect to the purported objections, the record shows that
they were in the form of a letter requesting that the allegations in
unfair labor practice charges' filed by the Intervenor against the
Employer be considered as objections to the election. On December
15, 1954, the Regional Director refused to issue a complaint on these
charges. Under established practice, the Board dismisses pro forma
objections to an election which are mere reiterations of unfair labor
practice charges which have been dismissed.' Accordingly, we hereby
overrule the Intervenor's objections to the election without deciding
whether the Regional Director properly held that the objections were
not timely filed. We also perceive no reason for extending the Inter-
venor's time for filing objections. The Intervenor's motion requesting
the same is therefore denied.
2. The challenges
With respect to the challenges, the Regional Director recommended
that the challenges to the ballots of Roy Payne, George Kerr, G. J.
LaCunha, Harry Metcalf, Joe Mallory, John Eldridge, Thomas Ross,
Ed Holzmen, Clyde Floyd, Chester Wright, and Arthur Wall be
2 The exceptions to the Regional Director's report on challenges contained, for the first
time, the Intervenor's objection to the sufficiency of the eligibility list used in the conduct
of the election. As this objection was not raised prior to the filing of the exceptions, we
find that it was not timely filed. Accordingly, it is overruled. National Container Corpo-
ration of Wisconsin, 99 NLRB 1492 at 1495; Oakland Scavenger Company, 100 NLRB
262, footnote 2.
3 Case No. 20-CA-1047.
* Parker Brothers & Company, Inc, 110 NLRB 1909; Times Square Stores Corporation,
79 NLRB 361.
THE DAILY REVIEW, INC. 763
overruled and that their ballots be opened and counted. As no ex-
ceptions were filed to this recommendation,' it is hereby adopted.
[The Board directed that the Regional Director for the Twentieth
Region shall, pursuant to the Rules and Regulations of the Board,
within ten (10) days from the date of this Direction, open and count
these ballots and serve upon the parties to this proceeding a supple-
mental tally of ballots, including therein the count of said ballots.]
5 The Regional Director also recommended that the challenge to the ballot of Albert York
be overruled on the ground that he is not a supervisor. The Intervenor's exceptions raise
a substantial and material issue as to whether York is a supervisor. We shall make no
disposition of his ballot pending the counting of the ballots herein directed to be opened
and counted If York's ballot then becomes determinative of the election, we shall direct
a healing to determine his supervisory status.
THE DAILY REVIEW, INC. and SAN FRANCISCO-OAKLAND NEWSPAPER
GUILD, LOCAL No. 52, AMERICAN NEWSPAPER GUILD, CIO, PETI-
TIONER. Case No. 920-RC-2653. February 21,1955
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 Robert V. Magor, 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 at Hayward, California, in the publi-
cation of a daily newspaper, called The Daily Review, and of two
weekly newspapers. It is a member of United Press and Interna-
tional News Service; it also publishes nationally syndicated features
and advertises nationally sold products. During the past year the
Employer's gross revenue from The Daily Review alone was in excess
of $59,0,000. We find, in accord with the Employer and contrary to
the Petitioner, that the Employer is engaged in commerce within the
meaning of the Act and that it will effectuate the policies of the Act
to assert jurisdiction herein.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) andSection2 (6) and (7) of the Act.
4. The parties agree that a unit consisting of the editorial depart-
ment of The Daily Review, excluding the editor, part-time out-of-
town correspondents, and free-lance writers, is appropriate. The par-
ties disagree, however, as to the supervisory status of the associate edi-
1 The Daily Press, Incorporated, 110 NLRB 573.
111 NLRB No. 122.