Meadow Crest, Inc

National Labor Relations Board - Board Decisions

Nov 21, 1984

272 N.L.R.B. 1137 (N.L.R.B. 1984)

MEADOW CREST INC 1137
Meadow Crest, Inc and United Steelworkers of
America, AFL-CIO-CLC, Petitioner Case 6-
RC-9322
21 November 1984
DECISION AND DIRECTION OF
SECOND ELECTION
BY MEMBERS ZIMMERMAN HUNTER AND
DENNIS
The National Labor Relations Board by a three
member panel has considered the objections to an
election held 31 March 1983 and the hearing offi
cer s report recommending disposition of them
The election was conducted pursuant to a Stipula
tion for Certification Upon Consent Election The
tally of ballots shows 12 for and 12 against the Pe
titioner with 3 challenged ballots a number suffi
cient to affect the results of the election The Peti
toner filed timely objections to the conduct of the
election
On 11 May 1983 the Regional Director served
on the parties his Report on Challenged Ballots
and Objections and Order Directing Hearing on
Objections and Notice of Hearing recommending
that the challenges to the three ballots be sus
tamed and directing a hearing on the Petitioner s
objections Pursuant to this order a hearing was
held before Hearing Officer Matthew M Franck
iewicz on 25 May 1983 On 17 June 1983 the hear
ing officer issued his Report on Objections to
Conduct Affecting the Results of the Election
The Regional Director found that two of the employees whose bat
lots were challenged were discharged prior to the designated payroll eh
gibility period The parties stipulated that the third employee was hired
after the period and that accordingly the challenge to that ballot should
be sustained The parties filed no exceptions to the Regional Director s
report concerning the challenges
recommending inter aim that Objections 5 and 6
be sustained and recommending that the election be
set aside and that a second election be directed
The Employer filed timely exceptions to the hear
ing officer s report 2 The Petitioner did not file ex
ceptions
The Board has reviewed the record in light of
the exceptions and brief has adopted the hearing
officer s findings and recommendations and finds
that the election must be set aside and a new elec
tion held
While we adopt the hearing officer s ultimate
conclusion that the Employer s interrogation of
employee Ferguson constituted objectionable con
duct we disavow his statement that questioning
even a known union supporter as to the reasons for
such support constitutes interrogation and his reli
ance on Paceco 237 NLRB 399 (1978) in reaching
that conclusion The Board s recent decision in
Rossmore House 269 NLRB 1176 (1984) overruled
Paceco and that line of precedent which held that
questioning open and active union supporters
about their union sentiments in the absence of
threats or promises of benefit nonetheless was co
ercive and violated the Act Here however we
find that Ferguson was not an open and active
union supporter within the meaning of Rossmore
House and that under the circumstances detailed
by the hearing officer the election must be set
aside 3
[Direction of Second Election omitted from pub
lication ]
2 At the hearing the Petitioner withdrew its Objection 2 The segment
of Objection 6 pertaining to the termination of an employee was with
drawn prior to the hearing
In doing so Members Hunter and Dennis also place no reliance on
the hearing officer s citation to Graham Architectural Products Corp 259
NLRB 1174 (1982)
272 NLRB No 181