R & R News Co.

National Labor Relations Board - Board Decisions

Dec 29, 1950

92 N.L.R.B. 1134 (N.L.R.B. 1950)

In the Matter of R & R NEws COMPANY, EMPLOYER, and RETAIL,
WHOLESALE AND DEPARTMENT STORE UNION, C. I. O., PETITIONER
Case No. 10-RC-876
AMENDED DECISION AND DIRECTION
December 29, 1950
Pursuant to a "Stipulation for Certification Upon Consent Elec-
tion" entered into by the parties hereto, an election by secret ballot was
conducted in the above-entitled proceeding on April 20, 1950, among
the employees in the unit set forth in the Stipulation, under the
direction and supervision of the Regional Director, for the Tenth
Region (Atlanta, Georgia). Upon the conclusion of the election, a
tally of ballots, and thereafter a corrected tally of ballots, was
furnished the parties in accordance with the Rules and Regulations
of the Board.
The corrected tally of ballots shows that there were approximately
26 eligible voters, and that 26 ballots were cast, of which 9 were for
the Petitioner, 8 were against the Petitioner, and 9 were challenged.
No objections to the election were filed by any of the parties in the
time prescribed, following the issuance of the tallies of ballots.
As the challenged ballots were sufficient in number to affect the
result of the election, the Regional Director for the Tenth Region
caused an investigation to be made as to the issues raised by the
challenges and thereafter, on September 15, 1950, the Acting Regional
.Director for the Tenth Region issued and duly served upon the parties
his report on challenged ballots. In his report, the Acting Regional
Director recommended to the Board that the challenges to the ballots
of E. A. Atkinson, Scott Lay, Sr., Bobbie (Bobby) Turner, Carlton
Turner, and Mae Dennard be sustained and that the challenges to the
ballots of Charles Chase, J. M. Dennard, Penn Stockton, and Madison
Redden be overruled.
Thereafter, the Petitioner filed with the Board timely exceptions
to the Acting Regional Director's report.' However, the Employer
1 The Board 's Decision and Direction of October 16, 1950 , adopting the Acting Regional
Director's recommendations in view of the apparent failure of the Petitioner to file excep-
tions, was recalled on October 19, 1950 , when it was found , that the exceptions had in fact
been filed with the Board.
92 NLRB No. 162.
1134
R & R NEWS COMPANY 1135
moves the Board to dismiss the exceptions, on the ground that a copy
thereof was. never served upon the Employer in conformity with
Section 203.61 of the Board's Rules and Regulations. We find merit
in this contention. As the Petitioner did not follow fundamental
procedures, essential to fairness, set forth in the Rules and Regula-
tions, we hereby grant the Employer's motion.
The exceptions to the Acting Regional Director's report not having
been served upon the Employer, we hereby adopt the Acting Regional
Director's recommendations 2 with respect to the challenged ballots
and sustain the challenges to the ballots of. Scott Lay, Sr., Bobbie
(Bobby), Turner, Carlton Turner, and Mae Dennard, and overrule
the challenges to the ballots of Charles Chase, J. M. Dennard, Penn
Stockton, and Madison Redden, and shall direct that the ballots of
Chase, J. M. Dennard, Stockton, and Redden be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining at the Atlanta, Georgia, warehouse
of R & R News Company, the Regional Director for the Tenth Region
shall, pursuant to the Rules and Regulations of the National Labor.
Relations Board, within ten (10) days from the date of this Direction,
open and count the challenged ballots of Charles Chase, J. M. Dennard,
Penn Stockton, and Madison Redden, and shall, thereafter, prepare
and cause to be served upon the parties a revised tally of ballots,
including therein the count of the said challenged ballots.
MEMBER STYLES took no part in the consideration of the above
Amended Decision and Direction.
• 2 However , we do not now adopt the Regional Director's recommendation as to Atkinson,
because a charge has been filed (Case No. 10-CA-1002 ) alleging that the Employer dis-
criminatorily discharged him. The Regional Director, who originally refused to issue a
complaint , has on appeal by the Petitioner been directed by the General Counsel to issue
a complaint . In accordance with Board practice , Atkinson's ballot will not be opened or
counted unless it could be determinative of the results of the election. In the latter
event, the final disposition of this case will await the outcome of the unfair labor practice
proceeding. F. C. Mason Company , 86 NLRB 71.