Norris-Thermador Corp.

National Labor Relations Board - Board Decisions

Jan 13, 1958

119 N.L.R.B. 1301 (N.L.R.B. 1958)

NORRIS-THERMADOR CORPORATION 1301
Norris-Thermador Corporation and International Union , United
Automobile , Aircraft and Agricultural Implement Workers of
America (UAW-AFL-CIO), Petitioner. Case No. 21-RC-4497.
January 13,1958
ORDER DENYING MOTION
On September 11, 1957, the Board issued a Supplemental Decision
and Direction in the above-entitled proceeding.' Thereafter, Peti-
tioner filed a motion for reconsideration of the Board's decision and
the Employer filed a brief in opposition thereto.'
In its Supplemental Decision and Direction, the Board ruled that
although the Employer represented the proposed eligibility list to be
complete and correct and even assuming the Union and the Employer
agreed to adopt the proposed list as the eligibility list to be used in the
election, the eligibility list was not determinative of the eligibility of
employees whose ballots were challenged because their names did not
appear on that list. Petitioner contends that this decision conflicts
with the Board's decisions in Gulf States Asphalt Company, 115
NLRB 100 and Consolidated Industries, Inc., 116 NLRB 1204.
In carefully considering the contentions Petitioner makes in its
motion for reconsideration, the Board has again reviewed its entire
procedure pertaining to the use of eligibility lists in representation
elections. As the Board held in 0. E. Szekely and Associates, Inc.,
117 NLRB 42, upon which its supplemental decision in the instant
case was based, the use of an eligibility list "is highly desirable, if
not indeed essential, as a means of facilitating the conduct of an
election and 'enabling Board agents and observers for the parties
intelligently to assist and participate therein." To encourage the
preparation and use of such lists, the Board held in the Szekely case,
which is hereby reaffirmed, that mere participation in the prepara-
tion and checking of an eligibility list does not preclude a party from
thereafter urging contentions on challenged ballots at variance with
the eligibility list.
The Board is also of the opinion, however, that parties to a repre-
sentation proceeding should be permitted to definitively resolve as
between themselves issues of eligibility prior to the election if they
clearly evidence their intention to do so in writing. Accordingly,
the Board has concluded that hereafter, where the parties enter into
1118 NLRB 1341.
2 Petitioner also urged in its motion for reconsideration contentions which were con-
sidered by the Board in reaching its decision in the Supplemental Decison and Direction.
These contentions do not, therefore, require further consideration at this time.
119 NLRB No. 155.
1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a written and signed agreement which expressly provides that issues
of eligibility resolved therein shall be final and binding upon the
parties, the Board will consider such an agreement, and only such
an agreement, a final determination of the eligibility issues treated
therein unless it is, in part or in whole, contrary to the Act or estab-
lished Board policy.3
In the instant case, even accepting as accurate such of Petitioner's
allegations as were not substantiated by the Regional Director's
investigation, it appears that the Employer's assertion that its pro-
posed eligibility list was accurate and its agreement to accept the
list for use in the election amounted to no more than necessary and
integral steps in the parties' preparation and adoption of an eligibility
list. The events leading up to its adoption in no wise distinguish the
eligibility list here from eligibility lists which are almost uniformly
used as guides or tools in elections conducted by the Board but which
the Board does not consider final and binding agreements upon issues
of eligibility. For these reasons we shall deny Petitioner's motion
for reconsideration.
[The Board denied the Petitioner's motion for reconsideration.]
MEMBER FANNING took no part in the consideration of the above
Order Denying Motion.
3 Consolidated Industries, Inc., supra, where the parties expressly, but orally, agreed
that the eligibility list should constitute a comprehensive and binding agreement on
eligibility, is modified accordingly. To the extent Gulf States Asphalt Company, supra, is
inconsistent herewith, it is overruled.
The Santa Fe Trail Transportation Company and International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local No. 795,1 Petitioner. Case No.17-RC-
2572. January 14, 1958
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Michael J. Lucero,
hearing officer . The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations .Act, as amended, the Board has delegated its powers in
connection with this case to a three -member panel [Chairman Leedom
and Members Rodgers and Jenkins].
1 The Board having been notified by the AFL-CIO that it deems the Teamsters' certifi-
cate of affiliation revoked by convention action, the identification of this Union is hereby
amended.
119 NLRB No. 154.