McCarty-Holman Co.

National Labor Relations Board - Board Decisions

Dec 29, 1955

114 N.L.R.B. 1554 (N.L.R.B. 1955)

1554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fully complied with its obligations under the settlement agreement by
meeting and bargaining with the Union in good faith. Inasmuch as
the petition herein was filed and docketed within what the Regional
Director found was a "reasonable period of time" for the bargaining
relation to function, it was clearly premature under the established
Board principles set forth above. By failing to dismiss the petition
forthwith the Regional Director prevented the rightfully established
bargaining relationship from existing and functioning free from the
intrusive and disturbing effect of rival petitions. In deciding what
was a "reasonable time," the Regional Director plainly failed to give
effect to the Board's determination in the Centr-O-Cast case, that a
petition should not be permitted to be on file while an employer and a
union are fulfilling a bargaining obligation, because a bargaining
relationship does not have a "fair chance to succeed" under those
circumstances. In this respect he erred. The Regional Director's
gratuitous finding to the effect that the failure to consummate an agree-
ment was due entirely to the conduct of the Union is, as found by
the majority, irrelevant and certainly constitutes no excuse for his
failure to dismiss the petition. Only by dismissing the petition at this
time can the Board, in my opinion, correct the Regional Director's
administrative error and preserve an important principle of Board
law.
McCarty-Holman Company and Teamsters, Chauffeurs, Ware-
housemen and Helpers , Local Union 891, AFL-CIO,' Petitioner.
Case No. 1,5-RC-1214. December 29, 1955
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election of the National
Labor Relations Board, dated May 16, 1955, an election by secret bal-
lot was conducted on June 3, 1955, under the direction and supervi-
sion of the Regional Director for the Fifteenth Region among certain
employees of the Employer at its plant located at Jackson, Mississippi.
The tally of ballots furnished the parties after the election shows the
following :
Approximate Number of Eligible Voters------- ------------------------- 38
Void Ballots-------------------------------------------------------- 0
Votes Cast for Petitioner---------------------------------------------- 29
Votes Cast against Petitioner------------------------------------------- 9
Challenged Ballots--------------------------------------------------- 0
Valid Votes Counted------------------------------------------------ 38
1 The AFL and CIO having merged we are amending the iden tification of the Union's
affiliation.
114 NLRB No. 242.
McCARTY-HOLMAN COMPANY 1555
A majority of the valid votes counted were cast for the Petitioner.
On June 10, 1955, the Employer filed timely objections to conduct af-
fecting the results of the election. The Regional Director investigated
the objections and on September 9, 1955, issued and duly served upon
the parties a report on objections to election in which he recommended
that the objections be overruled and the Petitioner be certified.
Within the proper time therefor, the Employer filed exceptions to the
Regional Director's report.
The essential objections of the Employer are that unfair labor prac-
tice charges against this Employer were investigated by the same
Board agent who conducted the election, and that the Petitioner, pre-
ceding the election, made threats to employees and engaged in elec-
tioneering which constituted interference during the election and in-
vestigation of these objections.
The Regional Director found, and we agree, that mere investigation
of a charge and the subsequent conduct of yi election involving the
same Employer by the sane Board agent, with nothing more, is not
a valid ground for setting aside an election and that the objection is
without merit.
In investigation of the alleged threats and union interference in-
volving the election, as alleged by the Employer, the Regional Direc-
tor made certain credibility findings, considered the Petitioner's re-
sponsibility for the alleged conduct, and evaluated the acts com-
plained of as to their effect on employees. The Employer urges that
such matters could best be determined by the Board after a hearing.
We deny the request for a hearing. We do not believe that the threats
and interference complained of by the Employer, even if made as set
forth in the evidence submitted by the Employer, were of such a na-
ture as to affect the conduct of the election. Accordingly, we agree
with the Regional Director's conclusions that the Employer's objec-
tions are without merit, and in accordance with his recommendation,,
we hereby overrule them.
As the tally of ballots shows that the Petitioner ,received the major-
ity of the ballots cast in the election, we shall certify it as the bargain-
ing representative selected by the employees.
[The Board certified the Teamsters, Chauffeurs, Warehousemen
and Helpers, Local Union 891, AFL-CIO, as the collective-bargain-
ing representative of the truckdrivers, warehousemen, part-time ware-
houseman, helpers, warehousemen maintenance employees, shipping
clerks, receiving clerks, and the janitress at Employer's wholesale gro-
cery operation at Jackson, Mississippi, excluding all office clerical em-
ployees, inventory clerks and order clerks, salesmen, guards, profes-
sional employees, and supervisors.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.
387644- -56-vol. 114-99