Rival Foods, Inc.

In the Matter of RIVAL FOODS, INC. and INTERNATIONAL BROTRERIIOOD• OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION No. 633, AFL Case No. 1-8-5176 SUPPLEMENTAL DECISION AND DIRECTION February 7, 1947 On November 8, 1946, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding.; Pursuant to the Direction of Election, an election by secret ballot was conducted among the employees in the appropriate unit on December 6, 1946, under the direction and supervision of the Regional Director for the First Region (Boston, Massachusetts). Upon the conclusion of the election, a Tally of Ballots was furnished the parties in accord- ance with the Rules and Regulations of the Board. - The Tally shows that there were approximately 15 eligible voters and that 14 ballots were cast, of which 7 were for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 633, AFL, hereinafter referred to as the Petitioner, 6 were against the Petitioner, and 1 was challenged. The challenged ballot, that of Stanley Parmley, was sufficient to affect the results of the election. Thereafter, on December 19, 1946, the Regional Director, following an investigation, issued and duly served upon the parties a Report on Challenged Ballot, recommending that the challenge to the ballot be overruled and that the ballot be opened and counted. The Petitioner has filed exceptions to the Report on Chal- lenged Ballot, and the Employer has filed a reply to the exceptions. We have considered the Report on Challenged Ballot, the exceptions thereto, and the Reply to the Exceptions and we find as follows : Of the Petitioner's exceptions herein to the Regional Director's recommendation with respect to the challenged ballot, only one is addressed to the recommendation on the merits. The Petitioner urges therein that, at the time of the election, Parmley was not a regular '71N L R B 622 72 N L R B., No. 88 492 RIVAL FOODS, INC. 493, employee and was therefore ineligible to vote. The Regional Director reports that Parmley was first employed by the Employer during the pay-roll period used to determine eligibility to vote in the election, that he worked full time during the 4 remaining work days of that pay-roll period, and has worked on a full-time basis ever since. The Petitioner does not dispute these facts. Although the Petitioner adverts, in support of its position as to, the status of Parmley, to a contract between a sister local and the Employer at another plant and to other contracts in the area involv- ing Employers with similar operations, those contracts are clearly not controlling herein. We are persuaded, on all the facts, that Parmley was hired by the, Employer as a full-time regular employee and that, having worked during the eligibility pay-roll period in a category embraced in the appropriate unit, he was eligible to vote in the election. In view of the foregoing and inasmuch as we find no merit in the, other exceptions, we shall, in accordance with the recommendation of the Regional Director, overrule the challenge to the ballot of Stanley Parmley, and direct that it be opened and counted. DIRECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Rival Foods, Inc., P ortsmouth,, New Hampshire, the Regional Director for the First Region shall,, pursuant to the Rules and Regulations of the Board , within ten (10) days from the date of this Direction, open and count the challenged ballot of Stanley Parmley, and shall thereafter prepare and cause to be served upon the parties in this proceeding a Second Supplemental Tally of Ballots.