Wilbur-Rogers, Inc.

National Labor Relations Board - Board Decisions

Aug 29, 1957

118 N.L.R.B. 1273 (N.L.R.B. 1957)

WILBUR-ROGERS, INC. 1273
Wilbur-Rogers, Inc.; The Wilbur-Rogers Cincinnati Corpora-
tion ; The Wilbur-Rogers Atlanta Corporation and Retail
Department Store Employees ' Local 1594 , Retail Clerks
International Association , AFL-CIO, Petitioner. Case No. 9-
RC-3085. August 29, 1957
SUPPLEMENTAL DECISION AND. ORDER
DIRECTING HEARING
Pursuant to a Decision and Direction of Election dated June 18,
1957,' an election by secret ballot was conducted on July 8, 1957, by
the Regional Director for the Ninth Region among the employees in
the unit found appropriate by the Board. Following the election, a
tally of ballots was furnished the parties which shows that of 19 valid
votes cast, 10 were cast for the Petitioner, 9 votes were cast against the
Petitioner, and 6 votes were challenged. As the challenged ballots
were sufficient in number to affect the results of the election, the
Regional Director, pursuant to Section 102.61 of the Board's Rules
and Regulations conducted an investigation of the challenges, and
on July 23, 1957, issued his report on challenged ballots in which he
recommended that a hearing be held in order to resolve the conflicting
positions and factual contentions of the parties with respect to the
status of the challenged employees. On July 31, 1957, the Employer
filed timely objections to the Regional Director's report.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Board, the Board has delegated its power in connection
with this case to a three-member panel [Chairman Leedom and Mem-
bers Murdock and Jenkins].
The ballots of Genora Watts, Laverno Henke, Claire Rudloff, and
Margaret McGee were challenged by the Petitioner on the ground that
these are seasonal employees and the ballots of Louise Wiggins and
Donna Bauer were challenged by Petitioner on the ground that they
are casual employees. In the investigation, the Employer took the
position that all these employees were hired on a permanent basis
or on a regular part-time basis and that therefore the challenges to
their ballots should be overruled. The Petitioner contended that they
were hired for the summer months only and that they will be termi-
nated in the fall.' The Regional Director therefore recommended
that these conflicting positions can best be resolved at a hearing
through the examination of witnesses and the presentation of evidence.
In its objections to the report, the Employer contends that the
Regional Director should have made findings with respect to each
' Not reported in printed volumes of Board's Decisions and Orders.
3 As the Direction of Election provided that seasonal and casual employees be excluded,
the status of the challenged employees thus becomes a material issue.
118 NLRB No. 167.
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ballot challenged rather than a general finding that the "Petitioner
submitted some evidence which tends to support its-position." Fur-
thermore, that if such individual findings were made, it might have
been possible for him to have recommended that some of the ballots
be opened and thus avoid a long and expensive hearing on all the
challenges. The Employer therefore requests that as to those ballots
concerning which insufficient evidence was submitted, these should
be opened, and that if the results thereafter are still undeterminative
of the election, a hearing be held on the remainder of the challenges.
We find no merit in the Employer's position. We believe that the
Regional Director's statement quoted above is obviously intended to
mean that Petitioner submitted evidence with. respect to each of the
employees, and that a hearing is necessary to resolve the dispute as
to the facts in order for the Board to make a finding as to the status
of the foregoing employees 3
Accordingly,
IT IS HEREBY ORDERED that a hearing be held before a Trial Examiner,
to be designated by the Chief Trial Examiner for the purpose of de-
termining the eligibility of Genora Watts, Laverno Henke, Claire
Rudloff, Margaret McGee, Louise Wiggins, and Donna Bauer to vote
in the election, and that the Trial Examiner serve upon the parties a
report containing resolutions of the credibility of witnesses, findings
of fact, and recommendations to the Board as to the disposition of
said challenges. Within ten (10) days from the date of the issuance
of the report, any party may file with the Board in Washington, D. C.,
an original and six copies of exceptions. The party filing shall serve
a copy upon each of the other parties, and file a copy with the Regional
Director. If no exceptions are filed, the Board will adopt the Trial
Examiner's recommendations.
[The Board further ordered the above-entitled matter referred to
the Regional Director for arrangement of hearing, and issuance of
notice.]
3 Graphic Arts Finishers , Inc., 118 NLRB 852.
Olson Rug Company and Textile Workers Union of America,
AFL-CIO, Petitioner . Case No. 13-RC--5369. August 29, 1957
SUPPLEMENTAL DECISION. AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued by the
Board on May 7, 1957,' an election by secret ballot was conducted on
May 24, 1957, under the direction and supervision of the Regional
I Not reported in printed volumes of Board Decisions and Orders.
118 NLRB No. 166.