The Life Insurance Co. of Virginia

National Labor Relations Board - Board Decisions

Feb 24, 1967

163 N.L.R.B. 144 (N.L.R.B. 1967)

144
Dated
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding plant clerical and office clerical
employees, inspectors, managers, assistant
managers, guards, professional employees,
and all supervisors as defined in the Act.
All debit insurance agents at our district
office in Wilkinsburg, Pennsylvania,
excluding plant clerical and office clerical
employees, inspectors, managers, assistant
managers, guards, professional employees,
and all supervisors as defined in the Act.
THE WESTERN AND
SOUTHERN LIFE
INSURANCE COMPANY
(Employer)
By
(Representative ) (Title)
This notice must remain posted for 60 consecutive
days from the date of posting, and must not be
altered, defaced, or covered by any other material.
Employees may communicate directly with the
Board's Regional Office, 1536 Federal Building,
1000 Liberty Avenue, Pittsburgh, Pennsylvania
15222, Telephone 644-2977, if they have any
questions concerning this notice or compliance with
its provisions.
North America Assurance Society of Virginia,
Inc. and Insurance Workers International
Union , AFL-CIO. Case 5-CA-2523.
February 24, 1967
SUPPLEMENTAL DECISION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On February 14, 1964, the National Labor
Relations Board issued a Decision and Order in the
above-entitled proceeding,' finding that the
Respondent had refused to bargain collectively with
the Charging Party as the duly certified bargaining
representative of the employees in the unit found
appropriate by the Board2 in violation of Section
8(a)(5) and (1) of the National Labor Relations Act, as
amended, and ordering it to cease and desist
therefrom and to take certain appropriate action.
Thereafter, because of developments in court
litigation involving the Board's unit determinations
in the insurance industry, the Board decided to
reconsider its findings in this case. Therefore, on
September 20, 1966, the Board issued an order
granting leave to the parties to file briefs directed to
the unit finding. No briefs were filed by the parties.
Pursuant to the provisions of Section 3(b) of the
Board has delegated its powers in connection with
this case to a three -member panel.
For the reasons heretofore set forth in the Board's
Supplemental Decision and Order in Western and
Southern Life Insurance Company, 163 NLRB 138,
and in Metropolitan Life Insurance Company
(Woonsocket , R.I.), 156 NLRB 1408 , we reaffirm the
unit finding in our Decision and Order heretofore
issued in this case.
1 145 NLRB 1751.
2 The unit found appropriate in the present case consists of all
combination or debit insurance agents attached to or working out
of District Office 83 in Newport News, Virginia, excluding all
clerical employees, managers, professional employees, guards,
watchmen, and supervisors within the meaning of the Act.
The Life Insurance Company of Virginia and
Insurance Workers International Union,
AFL-CIO. Case 5-CA-2394.
February 24, 1967
SUPPLEMENTAL DECISION
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND BROWN
On August 15, 1963, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding ,' finding that the Respondent
had refused to bargain collectively with the Charging
Party in an appropriate unite in violation of Section
8(a)(5) and ( 1) of the National Labor Relations Act, as
amended , and ordering it to cease and desist
therefrom and to take certain appropriate action.
On March 2, 1964 , the Board filed with the United
States Court of Appeals for the Fourth Circuit a
petition for enforcement of its Order . While the
petition was pending before the Court of Appeals,
the Supreme Court of the United States, on April 5,
1965, handed down its decision in N.L.R.B. v.
Metropolitan Life Insurance Co.3 In that decision,
the Supreme Court vacated a judgment of the Court
of Appeals for the First Circuit denying enforcement
of a Board Decision and Order , and ordered that the
case be remanded to the Board for further
proceedings because of the "the Board's lack of
1 143 NLRB 1343.
2 Our unit finding herein reaffirms an earlier unit determination
of the Board's Regional Director. On January 10, 1963 (Case
5-RC-3974), the Regional Director for Region 5 found the
following employees of the Respondent constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All weekly premium agents working out of or assigned to the
[Respondent's] district office in Petersburg, Virginia;
excluding all other employees, cashiers, clerks, associate
managers, district manager, and guards and supervisors
within the meaning of the Act.
National Labor Relations Act, as amended, the 3 380 U.S. 438.
163 NLRB No. 16 163 NLRB No. 17
PROGRAM AIDS COMPANY
articulated reasons for the decisions in and
distinctions among the cases " involving unit
determinations in the insurance industry.
Thereafter , the Board , on February 11, 1966, issued
a Supplemental Decision and Order in the
Metropolitan case, 4 explicating the rationale
underlying its original unit determination as well as
its general policy for determining appropriate
bargaining units in the insurance industry.
On April 19 , 1965 , the United States Court of
Appeals for the Fourth Circuit entered an order
remanding the instant case to the Board for further
proceedings consistent with the Supreme Court's
opinion in the Metropolitan case, supra. On
September 14, 1966 , the Board issued an order
granting leave to the parties to file briefs directed to
the unit finding , which the Board had decided to
reconsider . Thereafter , Respondent filed a brief
which has been duly considered by the Board.
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.
Respondent argues that the Board's unit
determination in this case and the underlying
representation proceeding were controlled by the
extent of the Union 's organization and that,
therefore , the unit is invalid under Section 9 (c)(5) of
the Act . In light of Respondent 's argument , we have
reexamined the original unit determination made by
the Board 's Regional Director and the entire record
in this case and the representation proceeding in
Case 5-RC-3974, and for the reasons heretofore set
forth in the Board 's Supplemental Decision and
Order in Western & Southern Life Insurance
Company, 163 NLRB 138, and in Metropolitan Life
Insurance Company (Woonsocket , R.I.), 156 NLRB
1408 , we find no merit in this argument.
Accordingly , we reaffirm our earlier unit finding and
the Decision and Order heretofore issued in this
case.
' Metropolitan Life Insurance Company (Woonsocket , R 1), 156
NLRB 1408
Program Aids Company, Inc., Employer-
Petitioner and Toy and Novelty Workers of
America, Local 223, Affl. with International
Union of Dolls, Toys, Playthings , Novelties
and Allied Products of U.S. and Canada,
AFL-CIO. Case 2-RM-1495.
February 24, 1967
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
BY MEMBERS FANNING, JENKINS, AND ZAGORIA
Pursuant to a stipulation for certification upon
consent election, an election by secret ballot was
163 NLRB No. 54
145
conducted on September 21, 1966, under the
direction and supervision of the Regional Director
for Region 2, among the employees in the unit
described below. At the conclusion of the election,
the parties were furnished with a tally of ballots
which showed that of approximately 50 eligible
voters, 50 ballots were cast, of which 4 were for, and
41 against, the Union, with 3 challenged and 2 void
ballots. The challenged ballots were not sufficient in
number to affect the results of the election.
Thereafter, the Union filed timely objections to
conduct affecting the results of the election.
On November 22, 1966, the Regional Director
issued and duly served on the parties his report on
objections, recommending that the Union's
Objection 1 be sustained and that the Board set
aside the election. Thereafter, on December 15,
1966, the Employer-Petitioner filed timely
exceptions to the report, insofar as it recommended
that the election be set aside on the basis of
Objection 1, and a supporting brief.
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.
Upon the entire record in this case, the Board
finds:
1. The Employer-Petitioner is engaged in
commerce within the meaning of the National Labor
Relations Act, as amended, and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Union is a labor organization claiming to
represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of certain employees
of the Employer-Petitioner within the meaning of
Section 9(c)(1) and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer-Petitioner
constitute a unit appropriate for the purposes of
collective bargaining within the meaning of
Section 9(b) of the Act:
All production and maintenance employees
employed at 1696 Boone Avenue, Bronx, New
York, and 550 Garden Avenue, Mount Vernon,
New York, excluding all office employees,
guards, watchmen, and supervisors as defined
in the Act.
5. The Board has considered the objection, the
Regional Director's report, and the Employer-
Petitioner's exceptions and brief and hereby adopts
the Regional Director's report as modified herein.'
The Union argues in its Objection 1 that the
election should be set aside under the Excelsior
rule,' because the Employer-Petitioner failed to
furnish the list of the names and addresses of its
i In the absence of exception , we adopt pro forma the Regional
Director 's recommendation that the Union's second, third, and
fourth object.ons be overruled.
' Excelsior Underwear Inc., 156 NLRB 1236.