Seth Thomas Division, General Tlime Corporation

National Labor Relations Board - Board Decisions

Jul 6, 1982

262 N.L.R.B. 715 (N.L.R.B. 1982)

SETH THOMAS DIVISION
Seth Toma DMvieoa, Gerar Tle Crperim
and Cemmuleatm Workers Anmrai,
AFL-CIO, Pedtlter
Seth Thoras Dh)da, Garerl Tm Cmporm,
and CommusalSdom Workms o Aewua,
AFL.-C10. Cases 1-RC-17425 and I-RM-1125
July 6, 1982
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
Pursuant to authority granted it under Section
3(b) of the National Labor Relations Act, as
amended, a three-member panel has considered the
Employer's objections to an election held on Octo-
ber 2, 1981,1 and the Regional Director's report
recommending disposition of same. I The Board has
I The election was conducted purmant to a Siledo for Crtific
tion Upon Consent Election. The tally w: 45 for, and 36 _aint, the
Unon; there were 3 challenged bellots, an uce atab to affect
the results.
' The Employer moves to include in the record aidavits which it sub
mitted originally to the Regional Director and subsequently ppded to
its brief in support of its excption to the Regionl Dire 's Repo on
Objections. The affidavits were not accepted by the Eascutive Secreary
when the brief was filed became the Employer refused to serve them on
the other party to the proceeding a required by Sec. 1069(c) of the
Board's Rules and Regulatiomn Series 8, - amended. Sec. 10269(X3)
provides that a party may submit affidavits not included in the reord by
appending them to a brief; however, that povion does not void the re-
quirement of Sec. 102.69(c). Any material before the Bosd ms be
reviewed the record in light of the Employer's ex-
ceptions and brief and hereby adopts the Regiol
Director's findings and recommendations.4
CERTIFICATION OF
REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Communications Work-
es of America, AFL-CIO, and that, pursuant to
Section 9(a) of the National Labor Relations Act,
as amunended, the said labor organization is the ex-
clusive representative of all the employees in the
following appropriate unit for the purposes of col-
lective bargaining in respect to rates of pay, wa,
hours of employment, and other terms and condi-
tions of employment:
All full-time and regular part-time production
and maintenance employees employed by the
Employer at its Boscawen, New Hampshire,
location, but excluding part-time employees
who work less than 20 hours per week, super-
intendents, managerial employees, foremen, en-
gineers, office clerical, confidential employees,
guards and supervisors a defined in the Act.
served nm l partie before t wll be considered. Accordingly, the Em
pboyer's motio i denid.
8 In the absence of eception we adopt pem Jomt the Regioal D.
recoe's aproval of the Empys requt that Objeco I(d) (e (fl
(g, , (i), nd 4 be witdrawn.
' We fid tt the Employees eceptio to the Regioal
rept raie no materl or subslsul mn of fact or lw whicl w-rt
reverl dof te egia Diretors findp or rquir a hearing.
262 NLRB No. 99
715