The Great Atlantic and Pacific Tea Co.

National Labor Relations Board - Board Decisions

Aug 30, 1957

118 N.L.R.B. 1276 (N.L.R.B. 1957)

1276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this banner constituted improper electioneering and was tantamount
to circulation of an improperly altered sample ballot, to be without
merit.
The Employer's fourth objection concerns a bulletin distributed by
Petitioner which alleged that in the past the Employer had lost "The
Ford Contract" because the Employer was not unionized and con-
cluded, "Get Ford Back-Vote `Yes'-Vote TWUA !" The Employ-
er's contention that Petitioner thereby promised employees a benefit
in exchange for an affirmative vote is plainly without merit ; as found
by the Regional Director , Petitioner 's assertion was evidently an
opinion or prediction of one consequence of Petitioner 's victory and
it was, in any event , a benefit not within the power of Petitioner
to confer upon the employees.
No exceptions have been filed to the Regional Director 's findings
on the Employer 's remaining exceptions , these findings are accordingly
adopted . Having considered the Regional Director 's report on objec-
tions and the Employer's exceptions thereto , and having found the
Employer 's objections to be without merit, we hereby overrule them,
in accordance with the recommendations of the Regional Director,,
and deny the Employer 's request for a hearing . As the Petitioner
has received a majority of the valid ballots cast in the election, we:
shall certify the Petitioner as the collective -bargaining representative
.of the employees in the appropriate unit.
[The Board certified Textile Workers Union of America, AFL-
CIO, as . the designated collective-bargaining representative of the
.employees in the unit found appropriate.]
The Great Atlantic and Pacific Tea Company and Local 442,
Amalgamated Meat Cutters and Butcher Workmen of North
America, AFL-CIO, Petitioner. Case No. 10-IBC-3845. August
30,1957
ORDER AMENDING DECISION AND DIRECTION
OF ELECTION
On July 9, 1957, the Board issued a Decision and Direction of
Election,' finding appropriate a unit of "all meat department em-
ployees at the Employer's Oak Ridge, Tennessee, store, including part-
time clerks. . . ." By specific reference the Board indicated that
part-time clerks included two employees mentioned by name, who
were found to be regular part-time employees.
On July 17, 1957, the Employer filed a petition for reconsideration
and clarification of the Decision and Direction of Election, request-
1 Not reported in printed volumes of Board Decisions and Orders.
118 NLRB No. 169.
UNIVERSAL MOULDED PRODUCTS CORPORATION 1277
ing that the unit description be modified so as to read in pertinent
part "including all part-time employees working more than 20 hours
a week." The Employer contends that the unit description in the
original Decision and Direction of Election is ambiguous in that it
may be taken to include in the unit only the two part-time employees
specifically mentioned by name, without regard to the eligibility of
other persons who may also have been employed as part-time clerks
since the date of the hearing herein, or that it may be taken as finding
that all part-time employees are regular part-time employees and
thus included in the unit. It points out that in other cases, involving
others of its stores, in which the Petitioner has also participated, the
Board has utilized the language it suggests herein, in describing the
appropriate units.
On August 7, the Petitioner in a telegram to the Board indicated
its agreement in all respects with the Employer's request for modi-
fication of the unit description.
Accordingly, as the parties are in agreement as to the exclusion of
all part-time employees who work 20 or less hours per week, we shall
amend the Decision and Direction of Election in accordance with the
parties' request.
IT Is HEREBY ORDERED that the Decision and Direction of Election
issued in this proceeding be, and it hereby is, amended by striking
from paragraph 4 the words "part-time clerks," and substituting there-
for the words "all part-time employees working more than 20 hours
a week."
CHAIRMAN LEEDOM and MEMBER JENRINs took no part in the con-
sideration of the above Order Amending Decision and Direction of
Election.
Universal Moulded Products Corporation and Local 2826, United
Brotherhood of Carpenters and Joiners of America , Petitioner
and International Woodworkers of America and its Local
S-449.1 Case No. 5-IBC-2155. September 3,1957
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Louis Aronin, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Rodgers, Bean, and Jenkins].
'International Woodworkers of America will herein be referred to as IWA; Its Local
as Local S-449. When considered together they will be referred to as the Intervenors.
118 NLRB No. 170.