Pennsylvania Gas & Water Co.

National Labor Relations Board - Board Decisions

Apr 26, 1984

270 N.L.R.B. 17 (N.L.R.B. 1984)

PENNSYLVANIA GAS & WATER CO.
Pennsylvania Gas & Water Co. and Local Union
2244, of the International Brotherhood of Elec-
trical Workers, AFL-CIO. Case 4-RC-15473
26 April 1984
DECISION AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
The National Labor Relations Board, by a three-
member panel, has considered determinative chal-
lenges in, and objections to, an election held 9 De-
cember 1983 and the Regional Director's report
recommending disposition of them. The election
was conducted pursuant to a Stipulated Election
Agreement. The tally of ballots shows 12 for and 9
against the Petitioner, with 3 challenged ballots.
The Board has reviewed the record in light of
the exceptions and briefs, and has adopted the Re-
gional Director's findings and recommendations, as
modified herein.' Contrary to the Regional Direc-
tor, we conclude that the Petitioner's challenge to
the ballot of Suzanne Swartz raises substantial
issues of fact which can best be resolved by hear-
ing.2 In such circumstances, we shall also include
in the hearing the status of Marguerite Benson, and
Petitioner's Objections 1, 3, and 5 as designated by
the Regional Director. These proceedings will be
consolidated with Case 4-CA-14136 for hearing.
I In the absence of the exceptions thereto, we adopt, pro forma, the
Regional Director's recommendations to overrule the Petitioner's chal-
lenge to the ballot of Ruth Bell, and to dismiss Objections 2, 4, 6, and 7,
and the last sentence of Objection 3.
Because this is a stipulated unit case, the hearing regarding Swartz'
ballot should address, inter alia, "the parties' intent with regard to the
disputed employee." Tribune Co, 190 NLRB 398 (1971). If that intent is
"unclear or the stipulation ambiguous," then community-of-interest prin-
ciples will come into play. NLRB v. Boston Beef Co., 652 F.2d 223 (Ist
Cir. 1981). All issues regarding Swartz' ballot should be fully explored,
however, at the hearing.
ORDER
It is hereby ordered that a hearing be held for
the purpose of receiving evidence to resolve issues
raised by the Petitioner's challenges to the ballots
of Suzanne Swartz and Marguerite Benson and by
Petitioner's Objections 1 and 5 and the first two
sentences of Petitioner's Objection 3, and that the
hearing be consolidated with the hearing to be held
in Case 4-CA-14136 before an administrative law
judge to be designated by the chief administrative
law judge. If the unfair labor practice case is dis-
posed of before the hearing, a hearing officer will
be duly designated to hear the representation case.
IT IS FURTHER ORDERED that the administrative
law judge, or hearing officer, designated for the
purpose of conducting the hearing shall prepare
and cause to be served on the parties a report con-
taining resolutions of the credibility of witnesses,'
findings of fact, and recommendations to the Board
as to the disposition of the issues. Within 10 days
from the date of issuance of the report, any party
may file with the Board in Washington, D.C., 8
copies of exceptions. Immediately upon the filing
of the exceptions, the party filing shall serve a
copy on the other party, and shall file a copy with
the Regional Director. If no exceptions are filed,
the Board will adopt the recommendations of the
administrative law judge or hearing officer.
IT IS FURTHER ORDERED that the above-entitled
matter be remanded to the Regional Director for
Region 4 for the purpose of arranging such hearing
and that the Regional Director be authorized to
issue notice thereof.
IT IS FURTHER ORDERED that the Regional Di-
rector shall hold the disposition of all the chal-
lenged ballots in abeyance pending the outcome of
the unfair labor practice proceeding involving the
voters' eligibility status, whereupon he may take
such action as he deems appropriate.
270 NLRB No. 4
17