Star Kist Caribe, Inc. and Mani Can, Inc. - Decision Summary

Star Kist Caribe, Inc. and Mani Can, Inc. (24-RC-7795; 325 NLRB No. 39) Mayaguez, P.R. Jan. 20, 1998. In this Supplemental Decision and Order Remanding, the Board considered objections to a second election held Dec. 18-19, 1996 in which the tally of ballots shows 1318 for and 2274 against the petitioner, with 156 challenged ballots, an insufficient number to affect the results. The Regional Director overruled a portion of petitioner's Objection No. 5(h), which alleged that the content of a Sept. 23, 1996 leaflet constituted objectionable conduct, on the ground that the leaflet was distributed outside the critical period for holding a second election. The Regional Director identified Nov. 14, 1996 as the commencement of the critical period for the second election, which is the date of the Decision and Direction of Second Election issued by the Board. Contrary to the Regional Director, the Board found that the critical period for a second election commences as of the date of the first election which, in this case, was held on June 19-20, 1996. Accordingly, the alleged objectionable leaflet of Sept. 23, 1996 falls within the critical period. The Board remanded this issue to the Regional Director for a recommendation as to whether the alleged conduct warrants setting aside the election.