Miller and Miller, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1953

106 N.L.R.B. 1228 (N.L.R.B. 1953)

1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the production and maintenance unit currently represented
by that union, and the Regional Director shall issue a certificate
of results of election to that effect.
5. The Employer ' s operations are seasonal in nature, the
seasonal activity extending from approximately December 15 to
approximately June 15. During the peak season the-Employer
hires approximately 75 to 85 employees in the trucking divi-
sion. At the time of the hearing there were approximately 27
truckdrivers and 6 or 7 truck-maintenance employees on the
Employer's payroll. Under these circumstances andinaccord-
ance with our policy in the holding of an election in a seasonal
industry, we shall direct that the election be held at or about
the approximate seasonal peak, on a date to be determined by
the Regional Director for the Tenth Region, among the employees
in the appropriate unit who are employed during the payroll
period immediately preceding the date of the issuance of the
notice of election by the Regional Director.$
[The Board dismissed the petition.]
[Text of Direction of Election omitted from publication.]
Member Peterson , dissenting in part:
I agree with my colleagues in their disposition of this case
except in so far as they have directed an election among the
truckdrivers and truck-maintenance employees . In view of the
fact that since 1946 these employees have been included in the
production and maintenance unit for which the Intervenor had
been certified , I would dismiss the petition in Case No.
10-RC-2406.9
8 Florida Citrus Canners Cooperative Inc., 96 NLRB 1021, San Joaquin Compress and Ware-
house Company, 95 NLRB 279.
9See my dissenting opinion in W. C . Hamilton & Sons, 104 NLRB 627
MILLER AND MILLER, INC. and ATLANTA PRINTING PRESS-
MEN AND ASSISTANTS UNION NO. 8, INTERNATIONAL
PRINTING PRESSMEN & ASSISTANTS UNION OF NORTH
AMERICA, A.F.L., Petitioner. Case No . 10-RC-2244.
September 30, 1953
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to the Decision and Direction of Election issued
herein on May 7, 1953 ,1 an election was conducted on May 28,
1953, under the direction and supervision of the Regional
Director for the Tenth Region , among the employees in the
unit heretofore found appropriate . At the close of the election,
' Not reported in printed volumes of Board Decisions.
106 NLRB No. 197.
MILLER AND MILLER, INC. 1229
a tally of ballots was furnished each of the parties in accord-
ance with the Board's Rules and Regulations. The tally shows
that 7 valid ballots were cast for the Petitioner, 5 valid ballots
were cast against the Petitioner, 3 ballots were challenged, and
no ballots were void. On June 4, 1953, the Petitioner filed ob-
jections to conduct affecting the results of the election.
As the challenged ballots were sufficient in number to affect
the results of the election, and the objections were timely
filed, the Regional Director, acting pursuant to the Board's
Rules and Regulations, investigated the issues raised by the
challenges and objections, and on July 21, 1953, issued his re-
port on election, challenged ballots, objections, and recommen-
dations to the Board, recommending that the challenge to 1
ballot be sustained, that the challenges to 2 ballots be over-
ruled and the ballots opened and counted, and that the objec-
tions be overruled in their entirety. Thereafter, the Petitioner
filed exceptions to part of the Regional Director's report.
The Board has considered the Regional Director's report,
the exceptions, and the entire record in the case, and hereby
adopts the findings, conclusions, and recommendations of the
Regional Director.
The Challenged Ballots
1. James C. Mashburn: The Regional Director found, and
we agree , that although Mashburn was employed in the appro-
priate unit on the date of the election, he was employed in a
different unit during the payroll period governing eligibility to
vote, and was therefore not an eligible voter.2 Accordingly, we
adopt the Regional Director's recommendation that the challenge
to Mashburn's ballot be sustained, and that said ballot not be
opened and counted.
2. Robert Thornton: The Regional Director found, and we
agree , that Thornton was not a washup employee, or a washup
and sweeper employee, which classifications were excluded
from the unit, but was, in fact,•apressman who was in the unit,
and was therefore eligible to vote. Accordingly, we adopt the
Regional Director's recommendation that the challenge to
Thornton's ballot be overruled.
3. Theodore McKenzie: The Regional Director found, and we
agree , that McKenzie was regularly a pressman , and not a
washup and sweeper employee; that McKenzie was onlytempo-
rarily transferred out of the unit for a brief period, including
the payroll period which governed eligibility, and then returned
to his regular duties as a pressman prior to the election; and
that McKenzie was therefore eligible to vote. 3 Accordingly, we
also adopt the Regional Director's recommendation that the
challenge to McKenzie's ballot be overruled.
2 Manganese Ore Company, 54 NLRB 1192, 1213; Basic Magnesium, Incorporated, 56 NLRB
412; J. B Cook Auto Machine Company, Inc., 73 NLRB 249.
9See Rock Island Produce Company, 48 NLRB 930; The Texas Company, 63 NLRB 1334.
1230
11
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Objections
1. The allegedly coercive handbill
The Petitioner alleged that the Employer caused to be
circulated , passed out , posted, and distributed to its employees
a handbill or circular which threatened and coerced the em-
ployees , and promised benefits if the Petitioner was defeated
in the election . We agree with the Regional Director ' s finding
that the document in question raises no material or substantial
issues with respect to the results of the election . In our opinion,
the document in question did not threaten , coerce, or promise
benefits , either directly or inferentially, and therefore did not
interfere with -the employees ' free exercise of choice in the
election . Accordingly , we adopt the Regional Director ' s recom-
mendation that this objection be overruled.
2. The other objections
The Regional Director found that the Petitioner's other ob-
jections were without merit, or without supporting evidence,
and therefore recommended that they be overruled . In the ab-
sence of exception thereto, we adopt these findings and recom-
mendations.
As we have overruled the challenges to the ballots of Thornton
and McKenzie , and as we have overruled in their entirety the
Petitioner ' s objections to conduct affecting the results of the
election , we shall direct that the ballots of Thornton and
McKenzie be opened and counted.
[The Board directed that the Regional ' Director for the Tenth
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 supplemental tally of ballots.]
Member Rodgers took no part in the consideration of the
above Supplemental Decision and Direction.
MOKSNES MANUFACTURING COMPANY and DISTRICT NO.
68, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL,
Petitioner . Case No. 13 - RC-3390. September 30, 1953
DECISION , ORDER , AND DIRECTION OF SECOND ELECTION
On July 1, 1953, pursuant to a stipulation for certification
upon consent election , an election by secret ballot was held
under the direction and supervision of the Regional Director
for the Thirteenth Region among the employees in the stipu-
lated unit. Upon the completion of the election , a tally of ballots
was furnished the partie s. The tally shows that , of approximately
106 NLRB No. 204.