Swift & Co., Inc.

National Labor Relations Board - Board Decisions

Feb 17, 1967

163 N.L.R.B. 17 (N.L.R.B. 1967)

OREGON LABOR-MANAGEMENT RELATIONS BOARD
Swift & Company , Inc. and Local 529,
International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of
America, Petitioner . Case 3-RC-3992.
FEBRUARY 17,1967
SUPPLEMENTAL DECISION AND DIRECTION
OF ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN
AND ZAGORIA
17
confusion and delay in the conduct of representation
proceedings. Accordingly, we find that the
Employer's exceptions raise no material or
substantial issue of fact or law which would warrant
reversal of the Regional Director's findings and
recommendations, which we hereby adopt.
ORDER
IT IS HEREBY ORDERED that the election
conducted on August 29, 1966, be and it hereby is,
set aside.
[Text of Second Direction of Election omitted from
publication.] 3
On December 9, 1966, the National Labor
Relations Board issued its Decision and Direction,'
directing the Regional Director for Region 3 to open
and count the challenged ballot in the above-entitled
proceeding and reserving decision on the
Petitioner's objection to the election. Thereafter, the
Regional Director opened and counted the
challenged ballot and issued a revised tally of ballots
• which showed that two ballots were cast for, and two
were against, the Petitioner, thus resulting in no
majority for the Petitioner. Therefore, in accordance
with the Board's original Decision and Direction, the
Regional Director, under date of December 16,1966,
returned the proceeding to the National Labor
Relations Board for determination of the Employer's
exceptions to the Regional Director's report which
recommended that the Petitioner's objection be
sustained.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
In his report, the Regional Director found that the
Employer had refused to submit the eligibility list
containing the names and addresses of all eligible
voters, as required by the Board's decision in
Excelsior Underwear Inc., 156 NLRB 1236. He
therefore found merit to Petitioner's objection based
on such refusal and recommended that the election
be set aside and a new election directed. In its
exceptions, the Employer contends that the
Petitioner has ample means of communicating with
the few employees in the unit and that, therefore,
there was no need for the list in this case. We do not
agree. As the Board stated in Excelsior, "even
assuming the availability of other avenues by which
a union might be able to communicate with
employees, we may properly require employer
disclosure of employee names and addresses so as to
insure the opportunity of all employees to be reached
by all parties in the period immediately preceding a
representation election."2 Moreover, we see no
justification for permitting employers to decide for
themselves in each case whether a "need" for the
list exists. Such a policy could result only in
Not published in NLRB volumes
i Excelsior Underwear Inc , supra, Crane Packing Co , 160
'NLRB 164
3 An election eligibility list , containing the names and
addresses of all the eligible voters, must be filed by the Employer
with the Regional Director for Region 3 within 7 days after the
date of issuance of the Notice of Second Election by the Regional
Director The Regional Director shall make the list available to all
parties to the election No extension of time to file this list shall be
granted by the Regional Director except in extraordinary
circumstances Failure to comply with this requirement shall be
grounds for setting aside the election whenever proper objections
are filed Excelsior Underwear Inc , 156 NLRB 1236
Oregon Labor-Management Relations Board
and Marvin B. Knutson and Lane-Coos-
Curry-Douglas Counties Building and
Construction Trades Council . Case AO-99.
February 17, 1967
ADVISORY OPINION
This is a petition filed by the Oregon Labor-
Management Relations Board, herein called the
State Board, for an Advisory Opinion in conformity
with Sections 102.98 and 102.99 of the National
Labor Relations Board Rules and Regulations,
Series 8, as amended.
In pertinent part, the petition alleges as follows:
1. There is presently pending before the State
Board a representation (RM) petition (Case 7-66)
involving Marvin B. Knutson, herein called the
Employer, and Lane-Coos-Curry-Douglas Counties
Building and Construction Trades Council, herein
called the Union. The petition was filed by the
Employer and a hearing was thereafter held before
the State Board to develop facts regarding the
nature of the Employer's business and his commerce
data. The transcript of that hearing and relevant
exhibits accompanied and were made part of the
petition before us.
163 NLRB No. 6 163 NLRB No. 10