Monroe Tube Co., Inc.

National Labor Relations Board - Board Decisions

Dec 1, 1975

221 N.L.R.B. 932 (N.L.R.B. 1975)

932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Monroe Tube Company , Inc. and Local 445, Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America . Cases 2-
CA-13128 and 2-RC-16262
December 1, 1975
DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
BY MEMBERS FANNING, JENKINS, AND
PENELLO
On September 15, 1975, the National Labor
Relations Board issued a Proposed Decision, Order,
and Direction of Second Election' in this proceed-
ing. Thereafter, the Respondent filed exceptions and
a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
i 220 NLRB No 48
2 Respondent excepts to the inclusion of the 8(a)(1) misconduct engaged
in by Supervisor Verbert in a conversation with employee Nowak as
grounds for setting aside the election we agree with Respondent's
contention that this conversation apparently took place prior to the
beginning of the critical period and is therefore not a proper basis upon
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the record and the
Proposed Decision in -light of the exceptions and
brief and has decided to affirm the rulings, findings,2
and conclusions of its Proposed Decision and to
adopt its recommended Order.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board adopts as its Order the Order in its
Proposed Decision, Order, and Direction of Second
Election and hereby orders that the Respondent,
Monroe Tube Company, Inc., Monroe, New York,
its officers, agents, successors, and assigns, shall take
the action set forth in the said Order.
[Direction of Second Election and Excelsior foot-
note omitted from publication.]
which the election may be set aside . However , we find that the other 8(a)(1)
misconduct , found herein did occur within the critical period and is conduct
of a nature as would interfere with a free and untrammeled choice in an
election . Accordingly, we shall direct that a second election be held
Member Penello , as stated in the Proposed Decision, would not set aside
the election based on matters outside of the scope of the objections.
221 NLRB No. 151