Oates Bros., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1960

127 N.L.R.B. 1674 (N.L.R.B. 1960)

1674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Oates Bros ., Inc. and Truck Drivers Union No. 677, Inter-
national Brotherhood of Teamsters , Chauffeurs, Warehouse-
men and Helpers of America, Petitioner . Case No. 2-RC-10281.
June 30, 1960
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Election issued on
December 23, 1959,1 an election by secret ballot was conducted on
January 20, 1960, under the direction and supervision of the Regional
Director for the Second Region, among the employees in the appro-
priate unit. Upon the conclusion of the balloting, the parties were
furnished with a tally of ballots which showed that of approximately
39 eligible voters, 15 cast valid ballots for, and 14 against, the Peti-
tioner; and there were 9 challenged ballots. The challenges were thus
sufficient in number to affect the results. Thereafter, the Employer
filed timely objections to the conduct of the election.
After an investigation, the Regional Director on February 16, 1960,
issued his report on objections and challenged ballots, in which he
found that the objections did not raise material and substantial issues
affecting the election and recommended that they be overruled; and
recommended that the challenges to all nine ballots be overruled and
the ballots opened and counted. The Employer filed timely excep-
tions to the report.
The Board has considered the objections and challenges, the Re-
gional Director's report thereon, the Employer's exceptions, and the
entire record in this case, and hereby adopts the Regional Director's
recommendations with the following additions :
The Employer excepts to the Regional Director's finding that there
was no evidence that the Petitioner was responsible for several coer-
cive statements made to employees by strikers or anonymous persons,
statements to the effect that the employees involved would not be able
to work in trucking unless they joined the Petitioner. However, the
Employer advances no probative evidence in support of this exception,
and there is no showing that the conduct complained of created an
atmosphere of confusion or fear of reprisal which would warrant
setting aside the election. The Regional Director's recommendation
that the objections be overruled is therefore adopted.2
The Employer challenged the ballots of unreplaced strikers Rosen,
Sickler, Christy, Roberts, and Bailey on the ground that during the
strike Rosen had retired and the other four had obtained permanent
employment elsewhere. Without disputing the evidence upon which
1 Unpublished
z See Rio de Oro Uranium Mines, Inc , 120 NLRB 91 , 94, and Bronze Alloys Company.
120 NLRB 682.
127 NLRB No. 183.
W. WILTON WOOD, INC. 1675
the Regional Director relied, fully set forth in his report, the
Employer contends in its exceptions that he erroneously concluded
that they were eligible voters. We agree with the Regional Director
that Rosen, despite the fact that he was receiving social security
retirement benefits, was an unreplaced striker on the eligibility and
election dates who planned to return to work for the Employer after
the strike. We also believe that the record supports the Regional
Director's findings that Sickler, Christy, Roberts, and Bailey were
only temporarily employed elsewhere and were unreplaced strikers on
the eligibility and election dates who intended to return to their pre-
strike employment. Accordingly, we find that these five strikers are
eligible voters and hereby overrule the challenges to their ballots.'
No exceptions having been filed to his recommendations that the re-
maining four challenges be overruled, such recommendations are
adopted pro forma.
Accordingly, as we have overruled the challenges as well as the
objections, we shall direct that the challenged ballots be opened and
counted.
[The Board directed that the Regional Director for the Second
Region shall, within 10 days from the date of this Direction, open and
count the ballots of F. Alvarez, M. Marmora, E. Birdsell, S. Surdel,
F. Rosen, R. Christy, C. Sickler, W. Bailey, and R. Roberts; and serve
upon the parties a revised tally of ballots, including therein the count
of the above ballots.]
a See W. Wilton Wood, Inc., 127 NLRB 1675.
W. Wilton Wood, Inc. and Local 1205, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America , Petitioner. Case No. 2RC 10058. June 30, 1960
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Election issued by the
Board September 18, 1959, as amended, December 9, 1959,1 an election
by secret ballot was conducted on January 7, 1960, under the direction
and supervision of the Regional Director for the Second Region,
among the employees in the appropriate unit. Following the election,
the parties were furnished with a tally of ballots which shows that of
18 ballots cast,1 was against the Petitioner and the other 17 were chal-
lenged. Thereafter the Employer filed timely objections to the con-
duct of the election. However, the objections were subsequently with-
drawn with the approval of the Regional Director.
1 Unpublished.
127 NLRB No. 185.