Northern Metal Products Co.

National Labor Relations Board - Board Decisions

Dec 7, 1966

161 N.L.R.B. 1598 (N.L.R.B. 1966)

1598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Northern Metal Products Company and District No. 8, Interna-
tional Association of Machinists and Aerospace Workers,
AFL-CIO and Pressed Metal Independent Union Intervenor.
Case 13-RC-10900. December 7, 1966
DECISION, ORDER, AND DIRECTION
OF SECOND ELECTION
Pursuant to a Stipulation for Certification upon Consent Election
approved on May 24, 1966, an election by secret ballot was conducted
on June 10, 1966, under the direction and supervision of the Regional
Director for Region 13 among the employees in the stipulated unit.
At the conclusion of the election, the parties were furnished with a
tally of ballots which showed that of approximately 302 eligible
voters, 261 cast ballots of which 100 were for the Petitioner, 138 for
the Intervenor, 2 against the participating labor organizations, and
21 challenged ballots. The challenges were insufficient in number to
affect the election results. Thereafter, on June 17, 1966, the Peti-
tioner filed timely objections to the Employer's and Intervenor's con-
duct affecting the results of the election, copies of which were duly
served upon the Employer and the Intervenor.
In accordance with the rules and regulations of the National Labor
Relations Board, the Regional Director conducted an investigation- of
the objections; and on September 30, 1966, he issued and duly served
upon the parties his Report on Objections to Conduct affecting the
results of the election, in which he recommended that the Board sus-
tain objection 1, based upon the failure of the Employer to comply
with the rule in Excelsior Underwear Inc. and Saluda Knitting Inc.,
156 NLRB 1236, and set aside' the election.
Because of.this recommendation, the Regional Director stated that
he was not passing on objections 3, 4, 6, 7, and 8, which were also
made the subject of an unfair labor practice charge against the
Employer in Case 13-CA-7484, on which formal complaint was
issued on September 30, 1966.
He also recommended that objections 2 and 5 ,to the Employer's
conduct affecting the results of the election and objections 3 and 4 to-
the Intervenor's conduct, be dismissed.
He further recommended that if the Board should not sustain his
recommendation on objection 1 to the Employer's conduct, the Board
direct a hearing on objections 3, 4, 6, 7, and 8 to the Employer's con
duct and objections 1 and 2' to the Intervenor's conduct, and such
objections be consolidated for purposes of hearing. before a Trial
Examiner with Case 13-,CA-7484. Thereafter, the Employer and the
Intervenor filed timely exceptions to the Regional Director's report
and supporting briefs.
161 NLRB No. 142.
NORTHERN METAL PRODUCTS CO. 1599
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Members Fanning, Brown, and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act and it will effectuate the purposes of the Act to assert juris-
diction herein.
2. The Petitioner and the Intervenor are labor organizations claim-
ing to represent certain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of the employees of the Employer within the meaning of Section
2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the following employ-
ees constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act :
All production and maintenance employees, including plant cler-
ical employees, located at the Employer's plants in Franklin
Park, Illinois, and Oak Grove, Illinois, excluding office clerical
employees, professional employees, industrial engineering em-
ployees, fiduciary employees, supervisors, and guards, as defined
in the Act, and all other employees.
5. The Board has considered the Regional Director's Report and
the exceptions of the Employer and Intervenor thereto, and hereby
adopts the Regional Director's findings and recommendations.'
Accordingly, we shall set aside the election and direct that a new
election be held.
[The Board set aside the election conducted herein on June 10,
1966.]
[The text of the Direction of Second Election is omitted from pub-
lication.2]
1 The Intervenor in its exceptions alleges that the Petitioner entered into the Stipula-
tion for the election , and it was approved by the Regional Director with the knowledge that
the Employer would not comply with the Excelsior rule. It alleges it is unfair to require
it to go to an election and then to penalize it, as it had no control over the Employer's
refusal . It asks that the Board therefore certify the results of the election . We find no
merit in the exception . No matter what the position of the parties was before entering
into the Stipulation , paragraph 1 thereof expressly provided that the election -"shall be
held in accordance with the National Labor Relations Act, the Board 's Rules and Regula-
tions, and the applicable procedures and policies of the Board ." The election was therefore
subject to the Excelsior rule.
Nor do we find any merit in the "constitutional " and other issues raised by the Em-
ployer . The arguments advanced have already been rejected by the Board in Crane Packing
Co., 160 NLRB 164, and Montgomery Ward & Co., Incorporated, 160 NLRB 1188.
2 An election eligibility list, containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director for Region 13 within 7 days
after the date of issuance of the Notice of Second Election by the Regional Director. The
Regional Director shall make the list available to all parties to the election . No extension
of time to file this list shall be granted by the Regional Director except in extraordinary
circumstances . Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed Excelsior Underwear Inc., 156 NLRB 1236.