Thirifty Rent-A-Car

National Labor Relations Board - Board Decisions

Jan 27, 1978

234 N.L.R.B. 529 (N.L.R.B. 1978)

THRIFTY RENT-A-CAR
Wolfrich Corporation d/b/a Thrifty Rent-A-Car and
Freight Checkers, Clerical Employees & Helpers,
Local No. 856, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of
America, Petitioner. Case 20-RC- 141461
January 27, 1978
DECISION AND ORDER DIRECTING
HEARING
BY MEMBERS JENKINS, PENELLO, AND MURPHY
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relations Act, as amended, a three-
member panel has considered objections to, and a
determinative challenged ballot in, an election held
May 4, 1977,2 and the Regional Director's report
recommending disposition of same. The Board has
reviewed the record in light of the exceptions and
brief, and hereby adopts the Regional Director's
findings and recommendations.3
ORDER
It is hereby ordered that a hearing be held for the
purpose of receiving evidence to resolve the issues
raised by the determinative challenge to the ballot
cast by Marilyn DeMartini.
IT IS FURTHER ORDERED that the Hearing Officer
designated for the purpose of conducting such
I We have severed this case from Wolfrich Corporation d/b/a Thrifty
Rent-A-Car, 234 NLRB 525 (1978) (Case 20RC-14157), with which it had
been joined by the Regional Director, because we are directing a hearing on
a challenged ballot herein, but are certifying the representative in that case.
2 The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election. The tally was: five for, and four against, the
Petitioner; there was one challenged ballot, which was sufficient to affect
the results of the election.
hearing shall prepare and cause to be served on the
parties a report containing resolutions of credibility
of witnesses, findings of fact, and recommendations
to the Board as to disposition of said challenged
ballot. Within the time prescribed by the Board's
Rules and Regulations, Series 8, as amended, 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 each of 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
matter be, and it hereby is, referred to the Regional
Director for Region 20 for the purpose of arranging
such hearing and that the said Regional Director be,
and she hereby is, authorized to issue notice thereof.
MEMBEk JENKINS, dissenting in part:
For the reasons stated in my dissent in Wolfrich
Corporation d/b/a Thrifty Rent-A-Car, 234 NLRB
525 (1978), I would remand this case for a hearing on
Objections 3 through 8, which allege, inter alia, that
the Petitioner made promises of benefits and misre-
presentations to employees of the Employer and, in
the course of making such promises and misrepresen-
tations, referred improperly to the Board's Regional
Office.
3 We adopt the Regional Director's report wherein she recommended
that each of the Employer's objections be overruled. These objections are
the same ones, based on identical facts, which were filed in Wolfrich
Corporation, d/b/a Thrifty Rent-A-Car, 234 NLRB 525 (1978). Member
Jenkins, however, would also remand this case for a hearing regarding
Objections 3 through 8, as he would do in that case. We hereby incorporate
by reference in this case our response to Member Jenkins' dissent in
Wolfrch Corporation, d/b/a Thrifty Rent-A-Car, supr
529