Norris, Inc.

National Labor Relations Board - Board Decisions

Oct 15, 1945

64 N.L.R.B. 259 (N.L.R.B. 1945)

In the Matter of NORRIS, INCORPORATED and BAKERY AND CONFECTION-
ERY WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL No. 42
(A. F. L.)
Case No. 10-R-1408
SECOND SUPPLEMENTAL DECISION
AND
DIRECTION .
October 15, 1945 ,
The Board, on August 23, 1945, issued a Supplemental Decision
and Direction in the above-entitled proceeding,) in which it sustained
the challenges to some of the ballots 2 cast in the election conducted
by the Board herein on February 16,1945'; overruled others,3. and made
no rulings as to the validity of the challenged ballots of the eight
persons 4 who were the subject of unfair labor practice charges. In
addition, the Board refused to consider therein the three post-election
challenges s filed by the Company. Thereafter, a Motion for Recon-
sideration of said Supplemental Decision and Direction and an-
Amendment to Motion for Reconsideration were filed' by the Com-
pany. The Motion and Amendment to Motion asserted that the Board
had (1) failed to dispose of the challenge to the ballot of Bertie
Hogan, (2) erroneously stated that the Regional Director had sus-
tained the challenge to the ballot of Dessie Mae Hyde when he had,
in fact, overruled the challenge, (3)' incorrectly found that Asher Lee
was a supervisor, and (4) erred in its rulings as to the challenges to
163 N L. R. B. 502.
z The ballots of the following employees were, accordingly , declared invalid, Bennie
Dixon , Dessie Mae Hyde , Lillie Mae Landress , Annie Maud Turner, Verna Mae Wortham,
Sybil Merchant , Clara Winters, Lula Mae Kilgore , Sadie Timms , Lois Glaze , Evelyn Tillison,
Asher Lee , Rupert Redmon , Paul Lowe, Onnie McKinney , Hattie B. Jones, Louise Ckrullo,
and Bessie Connor.
3 The ballots of the following employees were, accordingly , directed to be opened and
counted : John C. Colbert , John Henry Austin, Archie Dillard , Rufus Phelps , Frank Hogan,
Chester Grey Franklin, Seaborn Johnson , Odell Humbly , Vesta Barnett , - Pauline Blackburn,
Nettie Bradford , Liselotte Meyer, Ida L . Nadell, Eva Lee Stegall , Ruth Petty, Rose Clyde
Smith, - Bessie Jones , Thelma Morgan , Lois McConnell , Dorothy Louise Schultz, Emma
Pirkle, Opalee Butler , Myrtle Castell ,' Lillian Burton , Willie Daniel , A. B. Thomas; Hilda
Pitts , Nell Gentry , Edith Worley, and Beatrice McDaniel.
4 Lula Rivers, Hazel Winters, Raymond Curran, Russell B. Daniel, Katie Mae Jones,
Agnes Clay, Margaret Green , and Bessiei Graves.
5 The employees so affected were : Martha Bass, Julia Mae Dobbs , and Annie Lee Gullet.
64 N. L. R. B., No. 44. - ' `
259
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the ballots of Rupert Redmon, Paul Lowe , Onnie McKinney , Eva Lee-
Stegall , Opalee Butler, Lillian Burton, Ruth Petty, Willie Daniel,
Emma Pirkle, Martha Bass, Julia Mae Dobbs , Nell Gentry, and Annie
Lee Gullet.
We find merit in the Company's contentions only insofar as, they
relate to the challenges to the .bal'lots of Bertie Hogan and , Dessie
Mae Hyde, and shall therefore grant the Company's motion as
amended in these respects and deny it in all other respects . The record
shows that the Regional Director recommended that the challenge
to the ballot of Bertie Hogan be sustained and the challenge to the
ballot of Dessie Mae Hyde be overruled , and that no exceptions have
been taken thereto. We concur in these recommendations of the Re-
gional Director . Accordingly , we hereby sustain the challenge to,
and shall not count, the ballot of Bertie Hogan. • We also overrule
the challenge to the ballot of Dessie Mae Hyde and' direct that her
ballot be opened and counted. ,
In our opinion it is not necessary at this -time to determine the super-
visory status of Asher Lee since he is; for other reasons, clearly ineligi-
ble to vote . Thus it appears that he is a salaried employee and a highly
trained technician whose duties and interests are different , in large
measure, from those of the production employees. Moreover , were the
' facts concerning this employee disclosed at the original hearing, we
should have excluded him from the unit , as a technical employee.
Under all the circumstances, we shall exclude him from the-unit and
shall sustain the challenge to his ballot.
As appears above, we did not, in our Supplemental Decision, con-
sider the challenges to the ballots1of eight persons who were the sub-
ject of unfair labor practice charges in Case No. 10-C-1648. There-
after, on September 19, 1945, the Company, the Union, and an agent
of the Board entered into a stipulation settling Case No. 10-C-1648,.
and providing ,. inter alia , that the challenges to the ballots of the eight
persons be resolved by sustaining the challenges to the ballots of Lula
Rivers, Hazel Winters , Raymond Curran, and Russell B. Daniel, and
by overruling the challenges to the ballots of Katie Mae Jones , Agnes,
Clay, Margaret Green, ' and Bessie Graves. On October 4, 1945,, the
Board accepted and approved the stipulation and issued an appropri'
ate Decision and Order in the afore -mentioned case. Accordingly, in
conformity with the stipulation of the parties, we hereby sustain' the
challenges to the ballots of Lula Rivers, ' Hazel Winters, Raymond
Curran, and Russell B. 'Daniel ; 'we also declare valid the ballots of
Katie Mae Jones, Agnes Clay , Margare,t'Green , and Bessie Graves, and
shall direct that their ballots be opened and counted. '
Since the time for the opening and counting of the ballots , as set.
forth in our Direction issued August 23 , 1945, has elapsed , we shall
NORRIS, INCORPORATED 261
issue a new Direction and provide therein for the opening and count-
ing of the ballots of the last-mentioned group of individuals, and of
Dessie Mae Hyde, together with those ballots previously directed to
be opened and counted.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 ' (c) of the National Labor Relations Act, -
and pursuant to Article III, Section 9; of National Labor Relations
Board Rules and Regulations-Series . 3, as amended , it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Norris , Incorpo-
rated, Atlanta , Georgia, the Regional Director for the Tenth Region
shall , pursuant to the Rules and Regulations of the Board set forth
above, and subject to Article III, Sections 10 and 11 , of said Rules and
Regulations, within ten ( 10) days from the date of this Direction'
open and count the ballots of Katie Mae Jones , Agnes Clay , Margaret
Green, Bessie Graves, John C. Colbert , John Henry Austin, Archie
Dillard, Rufus Phelps, Frank Hogan, Chester Grey Franklin , Seaborn
Johnson, Odell Hambly, Vesta Barnett, Pauline Blackburn , Nettie
Bradford , Liselotte Meyer, Ida L . Nadell, Eva Lee Stegall, Ruth
Petty, Rosa Clyde Smith, Bessie Jones, Thelma Morgan, Lois McCon-
nell, Dorothy Louise Schultz, Emma Pirkle , Opalee Butler, Myrtle
Gastell, Lillian Burton, Willie Daniel , A. B. Thomas, Hilda Pitts,
Nell Gentry , Edith Worley, Beatrice McDaniel , and Dessie Mae Hyde;
and thereafter prepare and cause to ' be served upon the parties in this
proceeding a Supplemental Tally of Ballots embodying therein his
findings and his recommendations as to -the results of the ballot.
MR. GEEARD D. REiLLY took no part in the consideration of the above
Second Supplemental Decision and Direction.