Ovalwood Dish Corp.

National Labor Relations Board - Board Decisions

Feb 19, 1958

119 N.L.R.B. 1666 (N.L.R.B. 1958)

1666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion-^ and (4) upon notice of the lapsed, compliance with the filing
requirements of the Act of one of its interested locals, it thereafter
expeditiously effected a renewal of such lapsed compliance within a
reasonable time of 2 weeks.
In all of the circumstances, we are of the opinion that the Hod
Carriers is entitled to the requested intervention Accordingly, we
shall set aside the election, and direct a second election placing the
Hod Carriers on the ballot in such election.
[The Board set aside the election held herein on December 17,
1957, and ordered the ballots cast therein destroyed.]
[Text of Direction of Second Election omitted from publication.]
MEIBER8 BEAN and FANNING took no part in the consideration of
the above Supplemental Decision, Order, and Direction of Second
Election.
Ovalwood Dish Corporation and United Brotherhood of Carpen-
ters & Joiners of America, AFL-CIO, .Petitioner. Case No.
3-RC-1836. February 19, 1958
SECOND SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
Upon a petition duly filed, a hearing was held in this case as the
result of which the Board, on August 5, 1957, issued a Decision and
Order in which it remanded the case for further hearing on the issues;
and excluded A. H. Saul, the Petitioner's representative, from further
participation in the proceeding because of his misconduct at the
hearing.' After the further hearing, the Board issued a Supplemental
Decision and Direction of Election on October 11, 1957.2 Thereafter,
an election by secret ballot was conducted under the direction and
supervision of the Regional Director for the Third Region in the
unit found appropriate by the Board. A tally of ballots was issued
to the parties which,shows that of,the 1,74 votes cast,, 86 were for the
Petitioner, 81 against, and 7 ballots were challenged. There were
1 11no void ballots. , ' `
The Employer timely filed six objections to the election. Since the
challenges were sufficient in number to affect the results of the election,
the Regional Director investigated the challenged ballots and the°ob-
,j ections- and, on December 20, 1957, issued his consolidated, report on
objections and challenges. ^ Ile-recommended that 6 of the bhall:enges
2 118 NLRB 947
2 Not reported in printed volumes of Board Decisions and Orders
119 NLRB No. 205
OVALWOOD DISH CORPORATION 1667
be overruled and 1.be sustained, and that objections Nos. 1, 2, 3, and 6
be overruled. However, he further recommended that the election
be set aside on the ground, inter alia, that the Petitioner and the
Employer had circulated to the Employees improperly altered copies.
of the Board's official ballot. The Regional Director also found that
A. H. Saul disobeyed the Board's Order of August 7 by appearing
at official steps in the holding of the election.
Saul has excepted to the Regional Director's finding that he dis-
obeyed the Board's Order. No other exceptions have been filed.
The Board has carefully reviewed the entire record in this case,
including the objections, the consolidated report on objections and
challenges, and the exception, and makes the following findings and
conclusions :
1. In the absence of exceptions thereto, we adopt the Regional
Director's recommendation that the election be set aside because the
Petitioner and the Employer circulated to the employees before the
election improperly altered copies of the Board's official ballot. Ac-
cordingly, we find it unnecessary to consider the Regional Director's
recommendations with regard to the challenged ballots.
2. In its Decision and Order of August 7, 1957, the Board found that
Saul's conduct at the original hearing was disruptive of the proceed-
ing and contemptuous and therefore constituted misconduct within
the meaning of Section 102.58 (d) (1) of the Board's Rules and Regu-
lations. The Board therefore ordered that "A. H. Saul be, and he
hereby is, excluded from further participating, directly or indirectly,
in the above-entitled proceeding." Although Saul did not participate
in the resumed hearing, he did take part in making the arrangements
for the election by checking the eligibility list for the Petitioner, and
by appearing at the plant on the day of the balloting.
We agree with Saul that his actions, as set forth in the Regional
Director's report on objections and described hereinabove, were not
proscribed by the. Board's Order of August 7, 1957. As noted above,
that Order was held to be warranted by Saul's conduct at the original
hearing in this case in the presence of the hearing officer, and was
issued, pursuant to that section of the Board's Rules and Regulations
providing only. for exclusion from the hearing. Under these circum-
stances, Saul's participation in this, case, other than in. connection
with any hearing, is not,proscribed.
[The Board 'set aside the election of October 24; 1957.]
[Text of Direction. of Second Election omitted from publication.]
MEMBERS BEAN and FANNING took no part in the consideration of
the above Second Supplemental Decision, Order, and Direction of
Second Election.'