Rio de Oro Uranium Mines, Inc.

National Labor Relations Board - Board Decisions

Oct 25, 1957

119 N.L.R.B. 153 (N.L.R.B. 1957)

RIO DE ORO URANIUM MINES, INC. 153
group of 12 employees; who were among those. laid off on April 20,
had been hired for the first time during 1957, and their period of
employment ranged from 1 month to about 3 months. These 12 em-
ployees averaged approximately 7 weeks of work in 1957 up to the time
of hearing. An employee laid off on May 8, 1957, had worked 3 weeks
in 1955,3 months and 31/2 months (2 periods) in 1956, and 4 months in
1957.
Thus it appears that, because of the nature of the Employer's
operations, the bulk of the employees employed in the plastic division
since its inception, in March 1955, have worked on an intermittent
basis. We are of the. opinion that some of the employees in question
have a reasonable expectation of future employment and a substantial
interest in employment conditions at the plant. We accordingly find,
on this record, that in addition to the employees actually employed
on the_ eligibility date, all employees on laid-off status who have been
employed by the Employer for a minimum of 280 hours-the equiv-
alent of 7 weeks-during the year preceding the issuance of this
Decision and Direction of Election are eligible to vote in the elections
The Employer contends that the petition should be dismissed be-
cause fluctuation in employment due to the newness of the plastic enter-
prise means that no useful purpose will be served by an election.
Alternatively, it requests the Board to postpone the election until it
has stabilized employment. conditions. During the hearing, testimony
for the Employer was that the current business-outlook for its plastic
products appears "very black." , However, it is clear from the evi-
d nce` that the employee complement in the plastic department has,
in general, progressively increased. On this record, no reason ap-
pears to dismiss the petition or postpone the election. Accordingly,
we deny the Employer's motion. . F
[Text of Direction of Election omitted from publication.]
1 See Underwriters - Salroage Company of Now York, 99 NLRB - 337; The Welch Grape
Juice Company, 96 NLRB 214, 216; see also an Juan Mercantile Corporation,-117 NLRB S.
Rio de Oro Uranium Mines, Inc. and Local No. -16, International
Hod Carriers, Building . and Common Laborers Union of Amer-
ica, AFL-CIO, Petitioner. _ • Case No. 33-RC-609. October 25;
1957
DECISION, ORDER, AND DIRECTION
Pursuant, to a stipulation for -certification upon consent election,
an election by secret ballot was conducted under -the direction and
supervision of the Regional Director for the Sixteenth Region on
July 9; 1957, among the employee's in the unit described' in the stipu-
119 NLRB No. 25.
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lation. At the conclusion of the election, a tally of ballots was
furnished the parties. The tally shows that of the 40 eligible voters,
39 cast valid ballots, of which 20 voted for and 19 against the par-
ticipating labor organization.
The Regional Director, not having received objections to the elec-
tion before the close of business on July 16, issued a certification of
representatives to the Union and closed the case on July 17, pursuant
to Section 102.61 of the Board's rule.' At 8 a. m. on July 17, 1957,
the Employer's objections to conduct affecting the results of the elec-
tion were received by mail in the Regional Office of the Board in
Fort Worth, Texas. On July 29, 1957, the Regional Director issued
his report on objections in which he found that, since the parties were
furnished a tally of ballots on July 9, 1957, and the Employer's objec-
tions were not received at the Regional Office in Fort Worth, Texas,
until July 17, 1957, the objections were not timely filed. Conse-
quently, he recommended that the objections filed in this proceeding
not be considered. The Employer filed timely exceptions to the
Regional Director's report.
The Employer contends that its objections to the election were
mailed from Albuquerque, New Mexico, "Registered, Special De-
livery, Airmail," soon after 1 p. m. on July 15, 1957, to the Regional
Director for the Sixteenth Region, Fort Worth, Texas, and it ,vas
assured by the United States post office that the objections would
be received by the Board before the close of business on July 16, 1957.
In this case it appears to us that the Employer took every precau-
tion necessary to assure compliance with the Board's Rules and Regu-
lations governing the filing of objections to the election so that its
objections, which were mailed, would be received by the 'Board's
Regional Office before the close of business on the fifth day after the
tally of ballots was furnished. It is reasonable to assume that in
the normal operation of the United States mails objections to an elec-
tion mailed airmail, registered, special delivery, from Albuquerque,
New Mexico, on July 15, 1957, to Fort Worth, Texas, should have
been delivered to the Board's office in Fort Worth, Texas, before
the close of business on July 16, 1957. As the delay in receiving the
objections in the Board's Regional Office appears not to be attribut-
able to the Employer, it would be inequitable to penalize the Em-
ployer for the delay. Accordingly, we do not adopt the Regional
Director's recommendation that the objections be rejected as untimely.
'Section 102.61 provides :
. . . Within five days after the tally of ballots has been furnished , any party may
file . . . objections. .. .
If no objections are filed within the time set forth above . . . the regional director
shall forthwith issue to the parties . . . a certification of representatives . . . with
the same force and effect as if issued by the Board , and the proceeding will thereupon
be closed.
NECCO SALES CORPORATION 155
We shall, therefore, reopen the .case, set aside the certification, and
remand the case to the Regional Director for investigation of the
issues raised by such objections.
[The Board set aside the certification issued and reopened the case
for further proceedings.]
[The Board directed that the Regional Director for the Sixteenth
Region shall investigate the issues raised by the objections and shall
prepare and serve upon the parties a supplemental report on objec-
tions, and shall take such other action as may be necessary, in accord-
ance with the Rules and Regulations of the Board.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Decision, Order, and Direction.
Necco Sales Corporation and Candy and Confectionery Union,
Local 50, RWDSU, AFL-CIO, Petitioner. Case No. 2-RC-9029.
October 25, 1957
DECISION AND CERTIFICATION OF REPRESENTATIVES
On August 22, 1957, pursuant to a stipulation for certification upon
consent election, an election by secret ballot was conducted under
the direction and supervision of the Regional Director for the Second
Region among the employees in the agreed appropriate unit. Follow-
ing the election, the Regional Director served on the parties a tally
of ballots, which showed that of approximately 5 eligible voters, 5
cast ballots, of which 3 were cast for and 2 were cast against the
Petitioner. No ballots were challenged.
On August 27, 1957, the Employer filed timely objections which
alleged that : (1) Promptly after the results of the election were
published, 3 of the 5 employees who had voted informed the Employer
that they had intended to vote, and to the best of their knowledge had
voted, against the Petitioner; and (2) apparently a mistake was
made in marking at least 1 ballot and, thus, the result of the election
does not represent the true wishes, at the time of the election, of a
majority of the employees who voted. On September .12, 1957, the
Regional Director filed his report on objections in which he recom-
mended that the objections be overruled and that the Petitioner be
certified as the exclusive representative of the employees in the ap-
propriate unit. On September 23, 1957, the Employer filed excep-
tions to the Regional Director's report.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
119 NLRB No. 28.