Raytheon Co.

National Labor Relations Board - Board Decisions

Sep 27, 1968

173 N.L.R.B. 51 (N.L.R.B. 1968)

RAYTHEON COMPANY 51
Raytheon Company and International Union of Elec-
trical , Radio & Machine Workers, AFL-CIO,
Petitioner . Case 20-RC-6201
September 27, 1968
SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF THIRD ELECTION
By CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND ZAGORIA
Pursuant to a Stipulation for Certification upon
Consent Election, an election was held among the
Employer's production and maintenance employees
at its Mountain View, California, location on Feb-
ruary 4, 1965. By Decision, Order, and Direction of
Second Election issued October 5, 1966,1 the elec-
tion of February 4 was set aside and a second election
directed. The tally of ballots of the second election,
conducted on June 23, 1967, showed that of approxi-
mately 813 eligible voters, 730 cast ballots, of which
312 were for, and 418 against the Petitioner. On June
29, 1967, the Petitioner filed timely objections to
conduct affecting the results of the second election.
On October 11, 1967, the Regional Director for
Region 20 issued a Report on Objections in which he
recommended that the Board overrule the objections.
On November 30, the Petitioner filed exceptions to
the Report and a supporting brief, and on December
18, the Employer filed a reply brief.
On December 29, 1967, the National Labor Rela-
tions Board issued an Order Directing Hearing for the
purpose of receiving evidence to resolve the issues
raised with respect to the Petitioner's objections.
Pursuant to notice, a hearing was held at San
Francisco, California, on March 5 and 6, 1968, before
Earldean V. S. Robbins, Hearing Officer. All parties
were represented at the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses,
and to introduce evidence on the issues was afforded
all parties.
On June 13, 1968, the Hearing Officer issued her
Report on Objections in which she recommended that
the second election be set aside and a new election
directed. The Employer filed exceptions to this
Report and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Board
has delegated its powers in connection with this case
to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby affirmed.
The Board has considered the Hearing Officer's
Report on Objections, the Employer's exceptions and
brief, and the entire record in this case, and hereby
adopts the Hearing Officer's findings and her recom-
mendation that the second election be set aside.2
Accordingly, we shall set aside the second election
and direct that a third election be conducted.
ORDER
It is hereby ordered that the election conducted
herein on June 23, 1967, be, and it hereby is, set
aside.
[Text of Direction of Third Election omitted from
publication.]
1 160 NLRB 1603.
2 In so holding we rely, in addition to the grounds stated by the
Hearing Officer, on the fact that, insofar as the record discloses, the
Employer had never before held any employee meetings similar to those
held on June 13 and 14, 1967.
173 NLRB No 10