70 N.L.R.B. 1365 (N.L.R.B. 1946)

Victoria Murdock Estate

National Labor Relations Board - Board DecisionsSep 20, 1946

70 N.L.R.B. 1365 (N.L.R.B. 1946)

In the Matter Of MARCELLUS M. MURDOCK, As TRUSTEE FOR THE VICTORIA MURDOCK ESTATE and WICHITA MAILERS UNION No. 85, AFFILIATED WITH INTERNATIONAL MAILERS UNION In the Matter of THE BEACON PUBLISHING COMPANY and WICHITA MAILERS UNION No. 85, AFFILIATED WITH INTERNATIONAL MAILERS UNION Cases Nos. 17-R-1337 and 17-R-1338, respectively SUPPLEMENTAL DECISION AND DIRECTION September 20, 1946 On June 11, 1946, pursuant to the Decision and Direction of Elec- tions issued herein by the Board on May 15, 1946,1 elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Seventeenth Region among the employees in the units found appropriate in the Decision. Upon completion of the elections, Tallies of Ballots were issued and duly served by the Regional Director upon the parties concerned. The Tallies indicate the following results : 2 Eagle Beacon Approximate number of eligible voters ------------------------ 16 21 Votes cast for IMU----------------------------------------- 5 8 Votes cast for ITU----------------------------------------- 6 2 Challenged ballots-------- ---------------------------------- - 5 11 No objections to the conduct of the elections were filed by any of the parties within the time provided therefor. However, inasmuch as the counting of the challenged ballots was sufficient to affect the results of the election in each unit, the Regional Director, in accord- ance with the Board's Rules and Regulations, investigated the chal- lenges. He thereupon issued and duly served upon the parties a REPORT AND RECOMMENDATION FOR HEARING WITH '67 N. L. It. B. 1426. ' As in our Decision and Direction of Elections , the Employer in Case No. 17-R-1337 and the Employer in Case No . 17-R-1338 are herein called the Eagle and the Beacon, re- respectively , and the petitioning union and the intervening union in both cases are herein referred to as the IMU and the ITU, respectively. 70 N. L. R. B., No. 141. 1 1365 1366 DECISIONS OF NATIONAL LABOR RELATIONS- BOARD RESPECT TO CHALLENGED BALLOTS, dated June 17, 1946, recommending therein that the Board direct a hearing on the chal- lenged ballots. None of the parties filed exceptions to this report and recommendation. On July 3, 1946, the Board, having duly consid- ered the Regional Director's report and the entire record, ordered that a hearing be held to resolve the issues raised with respect to the challenged ballots. Thereafter, a hearing was held at Wichita, Kan- sas, on July 23, 1946, before Robert S. Fousek, hearing officer. All parties appeared and participated. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed 3 Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT The ballots of the following employees were challenged : C. H. Gil- liland, John McDaniel, J. W. Fowler, T. A. Pratt, and Dean Hinckley, of the Eagle; and Forrest Harvey, H. Copley, William Sullen, Charles Harper, Ora Loren Nestleroad, W. Bonskowski, Ruble Starcher, R. Dyer, Leo Stolzheisie, Joe Vargas, and Forrest Nestleroad of the Beacon. All challenges were made by the IMU for the asserted reason, in each instance, that the individual challenged is a temporary em- ployee and that lie is being retained by his employer to influence the results of the election. The record indicates that each of the above employees was informed, when hired, that his position would be of a permanent nature, and that he thereafter performed duties similar to those of admittedly perma- nent employees in the unit in which he voted under challenge. The record discloses further that there are no contemplated changes in personnel of either the Eagle or the Beacon in these units, except for the intended hiring of additional employees to fill existing vacancies. Under the circumstances, and on the entire record, we are of the opin- ion that the employees in issue are permanent employees of their respective employers and, as such, are entitled to vote in the elections herein. Accordingly, we shall overrule all the challenges of the IMU and direct that all challenged ballots be opened and counted. 3 At the hearing on challenged ballots, the IMU questioned the adequacy of the service upon,it of the Board's Notice of Hearing and moved for a continuance on that ground. This motion was denied by the hearing officer. Thereafter, the Board considered the rec- ord and, on August 22, 1946, ordered,that it be reopened to enable the IMU to examine and cross-examine all witnesses who testified at this hearing and to permit the parties to introduce such additional evidence as they deemed necessary with respect to the ballots in issue Subsequently, the IMU advised the Board that it did not desire to participate in any further hearing in the instant cases. The Board has therefore reconsidered the matter, and it is hereby ordered that the Order Reopening Record, dated August 22, 1946, be, and it hereby is, revoked. VICTORIA MURDOCK ESTATE DIRECTION 1367 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Section 203.55 of National Labor Re- lations Board Rules and Regulations-Series 4, it is hereby DIRECTED that, as part of the investigation to ascertain, repre- sentatives for the purposes of collective bargaining with Marcellus M. Murdock, as Trustee for the Victoria Murdock Estate, Wichita, Kansas, and with The Beacon Publishing Company, Wichita, Kansas, the Regional Director for the Seventeenth Region shall, pursuant to the Rules and Regulations of the Board set forth above, within ten (10) days from the date of this Direction, open and count the ballots of C. H. Gilliland, John McDaniel, J. W. Fowler, T. A. Pratt, and Dean Hinckley, employees of Marcellus M. Murdock, as Trustee for the Victoria Murdock Estate, and of Forrest Harvey, H. Copley, William -Sullen, Charles Harper, Ora Loren Nestleroad, W. Bonskow- ski, Ruble Starcher, R. Dyer, Leo Stolzheisie, Joe Vargas, and Forrest Nestleroad, employees of The Beacon Publishing Company, and there- after prepare and cause to be served upon the parties Supplemental Tallies of Ballots, including therein the count of said challenged ballots. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Supplemental Decision and Direction.