The Royal Lumber Co.

National Labor Relations Board - Board Decisions

Aug 13, 1957

118 N.L.R.B. 1015 (N.L.R.B. 1957)

THE ROYAL LUMBER COMPANY 1015
insofar as it pertains to Villa Palmeras, La Moderna, Los Andes, and
La Borinquen, on the ground that it will not effectuate the purposes
of the Act to assert jurisdiction over these Employers," and the Re-
gional Director is further directed to proceed with an election in a
unit composed of employees of the 10 remaining Employers, which
unit, under these circumstances, the Board finds constitutes a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
The parties agree as to categories to be included in the unit. We
find, in accord with such agreement, and subject to the conditions
stated above, that the following employees of all the Employers con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act: 19
All bread bakers and their helpers at the Employers' plants located
in the metropolitan area of San Juan, Puerto Rico,20 excluding all
other employees, pastrymen, office clerical employees, administrative
employees, professional employees, executive personnel, watchmen,
guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
is As already stated , none of these Employers , considered alone, meets the Board's
jurisdictional standards.
19 The unit conforms to that contained in the 1953 contract.
20 The plants of the Employers are at the following locations : Panaderia La Reguladora,
22 Calle Guadalcanal , Barrio Venezuela , Rio Piedras , Puerto Rico ; Panaderia La Francesa,
Pda. 6 , Puerto de Tierra, San Juan, Puerto Rico ; Panaderia La Bombonera, 101 San Justo,
San Juan , Puerto Rico ; Panaderia El Diamante , Calls Mercado, San Juan , Puerto Rico ;
Panaderia La Jerezana , Calle Navis , Stop 15, Santurce , Puerto Rico ; Panaderia Bairoa,
Calle Sanchez , Stop 22, Santurce , Puerto Rico ; Panaderia La Castellana , 242 Ponce de
Leon Avenue, Stop 23/, Santurce, Puerto Rico; Panaderia Sixto Ortega, 1610 Ponce de
Leon Avenue , Santurce , Puerto Rico ; Panaderia La Puertorriquena , Calle Loiza esq.
Corchado , Santurce , Puerto Rico ; Panaderia La Placita, Calle Dos Hermanos , Stop 19,
Santurce , Puerto Rico ; Dixie Bakery Products , Calle Nueva Pda. 23; Santurce , Puerto Rico ;
Panaderia Los Andes , Avenue Eduardo Conde esq . Corton, Villa Palmeras , Santurce,
Puerto Rico ; Panaderia La Borinquen , Calls Webb 602, Barrio Obrero, Santurce, Puerto
Rico ; Panaderia La Moderna , 372 Gautier Benitez, Santurce , Puerto Rico and Panaderia
Villa Palmeras , 302 Calls Providencia , Villa Palmeras , Santurce , Puerto Rico.
The Royal Lumber Company and Construction, Building Material
Drivers, Warehousemen and Helpers Local Union 311, I. B. T. C.
W. & H. of A., AFL-CIO, Petitioner. Case No. 5-RC-086.
August 13, 1957
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
Pursuant to a stipulation for certification upon consent election
entered into by the Petitioner and Employer on November 7, 1956, an
election was conducted on November 16, 1956, under the direction and
118 NLRB No. 133.
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervision of the Regional Director for the Fifth Region, among
the employees in the unit herein found appropriate. Following the
election, the parties were furnished with a tally of ballots which
showed that 6 votes were cast for, and 3 against, the Petitioner. There-
after, the Employer filed timely objections to conduct affecting the
results of the election.
In accordance with the Board's Rules and Regulations, the Acting
Regional Director conducted an investigation of the objections and,
on December 31, 1956, issued his report on objections in which he
recommended that the objections be overruled and that the Petitioner
be certified as the representative of the employees in the appropriate
unit. The Employer filed exceptions to this report. On January 18,
1957, the Acting Regional Director, having reconsidered the circum-
stances attending the election, issued a supplemental report on objec-
tions in which he concluded that the "Board's standards of conduct
of election were not adequately met" herein and therefore recom-
mended that the election should be set aside and a new one directed.
The Petitioner and Employer filed exceptions to this report.' It
appearing that the Employer's exceptions raised substantial and ma-
terial issues with respect to the conduct of the election which warranted
investigation, the Board, on April 11, 1957, issued an order directing
the Regional Director to investigate these matters and prepare a
report thereon. The Regional Director conducted such an investiga-
tion and on June 14, 1957, issued a second supplemental report on
objections and recommendation in which he found that his further
investigation disclosed no basis for upsetting the election but recom-
mended that the election be set aside for the reason given by the
Acting Regional Director in his supplemental report on objections.
. Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Murdock, Bean, and
Jenkins].
The Board has reviewed the stipulation of the parties, the objections,
the report on objections, supplemental report on objections, and second
supplemental report on objections and recommendation, and excep-
tions thereto filed by the Petitioner and Employer. Upon the basis of
the entire record in this case, the Board makes the following findings
of fact :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
1 The Employer 's exceptions were conditioned upon the filing of exceptions by the Peti-
tioner.
THE ROYAL LUMBER COMPANY 1017
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. In agreement with the parties, the following employees of the
Employer constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act: All truck-
drivers, timber cutters, lumber handlers, saw operators, sawyers, and
bulldozer operators employed at the Employer's Glen Burnie, Mary-
land, operation, excluding office clerical employees, professional em-
ployees, guards, watchmen, and supervisors as defined in the Act.
5. As already indicated, the Acting Regional Director has found
that sufficiently high standards of election conduct were not main-
tained in the election. We agree with this finding. The pertinent facts
and circumstances in this connection are as follows : The election was
held in a small lean-to shed attached to the Employer's sawmill. With-
in the shed, on the left side just beyond the doorway, a short board on
top of 2 oil drums formed a table where the Employer's 9 employees
marked their ballots. In voting position, a voter stood at a right angle
to the door of the shed, which was kept open during the balloting.
During the voting period, two nonvoters approached the shed. The
observer for both the Petitioner and the Employer states that one of
these persons stood about in front of the door to the shed long enough
to see four employees vote. When this nonvoter was asked by the
Board agent conducting the election whether he could see what the
employees marked on their ballots, he answered "No." The Acting
Regional Director, who personally inspected the polling place, has
found that this person was within such proximity to the shed at the
time some of the employees voted that he could have seen how they
voted and that the voters could have believed that he saw their vote.
It is of vital importance to the Board's effectuation of the policies of
the Act that the regularity of its elections be above reproach? And
if the integrity of the Board's election process is to be maintained it
is manifestly essential that employees be balloted in a secret election,
for the secret ballot is a requisite for a free election. Here, we find
that the employees voted under circumstances which at least raise
doubts concerning the integrity and secrecy of the election. In the
recent case of Silvino Giannasca, d/b/a Imperial Reed & Rattan
Furniture Co.,' the Board set aside an election because "the improvised
voting arrangements were entirely too open and too subject to observa-
tion to insure secrecy of the ballot and freedom of choice by the em-
ployees in the selection of a bargaining representative." We believe
that the election arrangements in this case suffer from the same de-
n New York Telephone Co., 109 NLRB 788; Bercut-Richards Packing Company , et al.,
65 NLRB 1052.
a 118 NLRB 911.
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fects. In the interest of maintaining our high standards of election
procedure, therefore, we have no alternative but to set this election
aside and to direct a new election.4
[The Board set aside the election held on November 16, 1956.]
[Text of Direction of Second Election omitted from publication.]
* In view of this disposition , we find it unnecessary to consider the other reasons advanced
by the Employer for upsetting the election.
Like the Acting Regional Director , and for the reasons expressed in the supplemental
report on objections, we do not regard as determinative herein the fact that the parties
agreed to the election arrangements or that the person acting as observer for both parties
signed the certification of conduct of election . See Silvino Giannasca, d/b/a Imperial
Reed t Rattan Furniture Co., supra.
The Great Atlantic and Pacific Tea Company and Amalgamated
Meat Cutters & Butcher Workmen of North America, AFL-
CIO, Petitioner
The Great Atlantic and Pacific Tea Company and Retail Clerks
International Union , AFL-CIO, Petitioner. Cases Nos. 11-RC-
976 and 11-RC-968. August 13,1957
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Jerold B. Sindler, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
these cases to a three-member panel [Members Murdock, Rodgers,
and Bean].
Upon the entire record in these cases, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning representation
of employees of the Employer within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act.
4. The appropriate units :
The Petitioner in Case No. 11-RC-976, Amalgamated Meat Cutters
& Butcher Workmen of North America, AFL-CIO, herein called the
Meat Cutters, seeks a unit of all employees engaged in handling,
cutting, selling, displaying, processing or wrapping meat, poultry
or fish at the Employer's store at 317 Hays Street, Fayetteville, North
Carolina, including the head meat cutters and meat department heads,
118 NLRB No. 130.