San Francisco Sausage Co.

National Labor Relations Board - Board Decisions

Oct 19, 1988

291 N.L.R.B. 384 (N.L.R.B. 1988)

384 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
San Francisco Sausage Co , Petitioner and Sausage
Makers ' Union Local No 203, U F C W, AFL-
CIO-CLC
Maurice Melaver, Petitioner and Sausage Makers'
Union Local No 203, U F C W, AFL-CIO-
CLC Cases 20-RM-2689 and 20-RD-2006
October 19 1988
DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND CRACRAFT
The National Labor Relations Board by a three
member panel has considered objections in an
election held March 31 1988 and the Regional Di
rector s report recommending disposition of them
The election was conducted pursuant to a Stipulat
ed Election Agreement The tally of ballots shows
21 for and 53 against the Union with no chal
lenged ballots
The Board has reviewed the record in light of
the exceptions and briefs has adopted the Regional
Directors findings i and recommendations and
IIn the absence of exceptions we pro forma adopt the Regional Di
rector s recommendations that Objections I to 8 be overruled
The Regional Director overruled the Union s Objection 9 which con
tended that the Board agent improperly allowed Petitioner Melaver to
summon voters over the Employer s intercom system The Unions ex
ceptions rely on Alco Iron & Metal Co 269 NLRB 590 (1984) Contrary
to our dissenting colleague we find Alco distinguishable The Board
agent s allowing the Petitioner to use the intercom system to announce
that employees could vote was a delegation of a minor task in Alco the
Board agent permitted the union observer to interpret and explain the
voting procedure to Spanish speaking employees without the Board
agent s participation thereby effectively turning over control of the elec
tion to the observer See US Ecology Inc v NLRB 772 F 2d 1478
1482-1484 (9th Cir 1985)
The Union also excepts to the Regional Director s failure to consider
an unfair labor practice charge and a supporting affidavit or to consoli
date the representation and unfair labor practice cases The charge how
finds that a certification of results of election
should be issued
CERTIFICATION OF RESULTS OF
ELECTION
IT IS CERTIFIED that a majority of the valid bal
lots have not been cast for the Sausage Makers
Union Local No 203 U F C W AFL-CIO-CLC
and that it is not the exclusive representative of
these bargaining unit employees
MEMBER JOHANSEN dissenting
The parties clearly and specifically agreed prior
to the election that the Board agent would use the
plant intercom system to notify the employees that
it was time to vote Contrary to this specific agree
ment the Board agent for reasons best known to
her allowed the Petitioner in the RD case to
summon the voters via the intercom The employ
ees hearing the Petitioners voice making the an
nouncement that it was time to vote could easily
have concluded that the Petitioner not the Board
agent was really running the election Under the
rule established in Alco Iron & Metal Co 269
NLRB 590 (1984) I find that the atmosphere of
impartiality in which the election should have been
held was not present Id at 591 Accordingly I
would set the election aside based on the Board
agent s conduct in this regard
ever was filed well after the time for filing objections expired and in
volves a matter unrelated to the Union s timely objections Therefore the
charge allegations will not be considered as objectionable conduct in this
proceeding because the Union failed to show by clear and convincing
proof that the underlying evidence was newly discovered and previously
unavailable Burns Security Services 256 NLRB 959 960 ( 1981) Further
the Union failed to show that the Regional Director abused his discretion
in deciding not to consolidate the representation and unfair labor practice
cases
291 NLRB No 64