W. Shanhouse Sons, Inc.

W. SHANHOUSE SONS, INC. 267 2.' By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 3. The aforesaid unfair labor practices are unfair labor practices affecting commerce, within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication in this volume.] W. SHANHOUSE SONS, INC. and UNITED GARMENT WORKERS OF AMERICA, AFL, PETITIONER W. SHANHOUSE SONS, INC. and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER. Cases Nos. 15-RC-627 and 15-RC- 649. May 23, 1952 Supplemental Decision and Direction Pursuant to a Decision and Direction of Election," an election by secret ballot was held on April 1, 1952, under the direction and super- vision of the Regional Director for the Fifteenth Region among the employees of the Employer in the unit found appropriate. At the close of the election, the parties were furnished a tally of ballots. The tally shows that there were approximately 77 eligible voters and that 72 ballots were cast, of which 36 were for the Amalgamated Clothing Workers of America, CIO, herein called the Amalgamated, none for the United Garment Workers of America, AFL, herein called the Garment Workers, 35 against the participating labor organizations, and 1 ballot was challenged. As the challenged ballot was sufficient in number to affect the re- sults of the election, the Regional Director investigated the challenge, and on April 16, 1952, issued and duly served upon the parties his report on challenged ballot. The Regional Director's report reveals that the challenged ballot was cast by employee Patsy Peace, who was employed from September 12, 1951, until March 14, 1952, as a sewing machine operator, a classi- fication falling within the appropriate unit. On March 14, 1952, Peace was transferred to a clerical classification on a 30-day proba- tional basis. It was clearly understood that Peace would decide during this 30-day period whether she wished to remain in the office or return to the job of sewing machine operator; and the office man- ager of the Employer also reserved decision during this period as to whether Peace was satisfactory as an office employee. At the time of the election, neither Peace nor the Employer had resolved the question of her probational status. 1 Not reported. 99 NLRB No. 52. 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Regional Director, upon the ground that Peace had regular status as a sewing machine operator during the eligibility period of the election, and was only on trial as a clerical, recommended that the challenge to her ballot be overruled. No exceptions were filed by the Amalgamated or the Garment Workers. Although the Employer filed a document entitled "Exceptions to Report on Challenged Ballot," it took no exception to the Regional Director's recommenda- tion, but merely "excepted" to the omission in the Regional Director's report of the alleged fact that Peace, subsequent to the election, on April 10, 1952, chose to retain her job of sewing machine operator. The Board,2 having duly considered the entire record with respect to the challenged ballot, finds merit in the Regional Director's recom- mendation. Moreover, there are actually no exceptions to such recom- mendation. Accordingly, we shall overrule the challenge to the ballot cast by employee Peace and direct that the ballot be opened and counted. Direction As part of the investigation to ascertain representatives for the purposes of collective bargaining with W. Shanhouse Sons, Inc., Magnolia, Arkansas, the Regional Director for the Fifteenth Region shall, pursuant to National Labor Relations Board Rules and Regula- tions, within ten (10) days from the date of this Direction open and count the ballot of Patsy Peace and thereafter prepare and cause to be served upon the parties a supplemental tally of ballots, including therein the count of the challenged ballot. 2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its powers in connection with this proceeding to a three -member panel [Members Houston, Murdock, and Styles]. SOCONY VACUUM OIL COMPANY , INCORPORATED and OIL WORKERS INTERNATIONAL UNION, CIO, PETITIONER SOCONY VACUUM OIL COMPANY, INCORPORATED and JAMES THATCHER, PETITIONER. Cases Nos. 14-RC-1776, 14-RC-1777, 14-RC-1778, and 14-RD-55. May 26, 1952 Decision and Direction of Elections Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Benjamin E. Cook, hearing officer. The hearing officer's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board 99 NLRB No. 58.