Siskin Steel and Supply Co.

National Labor Relations Board - Board Decisions

Jan 24, 1979

240 N.L.R.B. 177 (N.L.R.B. 1979)

SISKIN STEEL AND SUPPLY COMPANY 177
Siskin Steel and Supply Company and Teamsters Lo-
cal Union 515, affiliated with the International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Petitioner. Case 10-
RC-1 1454
January 24, 1978
DECISION AND ORDER DIRECTING
HEARING
BY MEMBERS PENELLO. MURPHY. AND TRUESDALE
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended, a three-
member panel has considered objections to an elec-
tion held on August 4, 1978,1 and the Regional
Director's report recommending disposition of same.
The Board has reviewed thc record in light of the
exceptions and brief 2 and is of the opinion that the
allegations contained in Objection 2, and the evi-
dence of conduct submitted in relation thereto, raise
material issues of fact and law which can best be
resolved by a hearing.3
The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election. The tally was 85 for and 68 against the Petitioner:
there were 8 challenged ballots, an insufficient number to affect the results.
2The Employer's exceptions to the Regional Director's recommendation
that Objection I be overruled raise no material issues of law or fact which
would warrant the holding of a hearing or reversing his findings, conclu-
sions, and recommendations. Accordingly. we overrule Objection I
' Although Objection 2 is a catchall" objection, as noted by Member
Penello in his partial dissent herein, the report sets forth evidence which
raises issues of fact and law requiring a hearing. Daion Tire & Rubber Co.
234 NLRB 504 (1978).
240 NLRB No. 22
ORDER
It is hereby ordered that a hearing be held before a
duly designated hearing officer for the purpose of
receiving evidence to resolve the issues raised by Ob-
jection 2.
IT IS FURTHER ORDERED that the hearing officer des-
ignated for the purpose of conducting the hearing
shall prepare and cause to be served on the parties a
report containing resolutions of the credibility of wit-
nesses, findings of fact, and recommendations to the
Board as to the disposition of said objection. Within
10 days from the date of issuance of such report, any'
party may file with the Board in Washington, D.C..
eight copies of exceptions thereto. Immediately upon
the filing of such exceptions, the party filing the same
shall serve a copy thereof on the other parties, and
shall file a copy with the Regional Director. If no
exceptions are filed thereto, the Board will adopt the
recommendations of the hearing officer.
IT IS FURTHER ORDERED that the above-entitled mat-
ter be, and it hereby is, referred to the Regional Di-
rector for Region 10 for purposes of arranging for
such hearing, and that said Regional Director be,
and hereby is, authorized to issue notice thereof.
MEMBER PENELLO. dissenting in part:
for the reasons set forth in my dissenting opinion
in Dayton Tire & Rubber Co., 234 NLRB 504 (1978),
I dissent from the decision of my colleagues ordering
that a hearing be held for the purpose of receiving
evidence to resolve the issues raised by Employer's
Objection 2, a "catchall" objection. In my dissent in
Daiyton Tire, I stated that I would not direct a hear-
ing or set an election aside on the basis of conduct
not specifically alleged in a timely filed written ob-
jection. Accordingly, I would overrule Employer's
Objection 2 and issue a decision and certification of
representative.