Martinolich Ship Repair Co.

MARTINOLICH SHIP REPAIR CO. 761 C. Mazzarella, Connie Palozzalo, Jennie Palys, Eva Pedersen, Alice Silva, Ethel Silva, and Concetta Vassallo in the election held herein, and serve upon the parties to this proceeding a supplemental tally of ballots, including therein the count of said ballots.] Appendix A Josephine Bellotti Louis J. Rio Anna Elsaser Julia Barone Margaret Russo Anna Kucharski Rose Giattino Concertina Sales Satenig Garabedian Erma Scarpa Michelina Szdlowski Monroe Frascona Loretta Berard Mary Syzmanowski Mary Gionfriddo Mary Cianci Pasqualina Smith Mary Anginito Catherine Marijosius Angelo Veneziano Jennie Kayko Vera Symolon Constance S. Veneziano Mary Kalinowski Josephine Amenta Pauline Zisk Yvonne Moore Joseph Borselle John Verillo Lillian Motto Anna Bystry Anna Atkinson Pauline Majka Connie Cappello Salvatore Annino Jessie Niedziwicki Annamaria D'Agata Angelina Agnello Lucy Negrini Laura Forgione Albert Baruffi Ann Pandolfi Julia Ingenito Tinino Bissoni Angelina Orticari Angelo Mendolfo Carmeline Berritta Jennie Rio Carmela Mazzarella Josephine Bissone James Rio Julia Mariotti Jianine Bianco Edmund Sargis Anthony Manduke Maria Catala Cinda Russo Patsy Motto Mary Caristia Lucy Suprynowicz Francisco Moreno Rose Caldarone Anna Taricani Dorothy Muraca Florence Diminno Lillian Volonino Marie Pawlicki Angelina Di Luzio Enrico Vitelli Francis A. Parise Ann Dorbuck Frances Vaccariello MARTINOLICH SHIP REPAIR Co. and INTERNATIONAL ASSOCIATION OF MACHINISTS , AFL, PETITIONER. Case No. 20-RC-2610. February 21,1955 Supplemental Decision and Direction Pursuant to a Decision and Direction of Election issued by the Board herein on October 5,1954,E an election by secret ballot was conducted on October 27, 1954, under the direction and supervision of the Regional Director for the Twentieth Region, among the employees in the ap- propriate unit. Upon the conclusion of the election, the parties were furnished a tally of ballots which showed that of 21 votes cast in the I Not reported in printed volumes of Board Decisions and Orders. 111 NLRB No. 120. 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election, 8 were for the Petitioner, 1 was for the Intervenor, Local 1304, United Steelworkers of America, CIO, and 12 were challenged. The challenged ballots were sufficient in number to affect the results of the election. On November 4, 1954, the Intervenor filed what purported to be ob- jections to conduct affecting the results of the election. The Regional Director refused to consider these objections on the ground that they were not timely filed. In accordance with the Rules and Regulations of the Board, the Regional Director conducted an investigation of the challenged bal- lots, and on December 10, 1954, issued and duly served upon the parties his report on challenged ballots wherein he recommended that all the challenges be overruled and the ballots be opened and counted. Thereafter, the Intervenor filed its exceptions 2 to the report on chal- lenged ballots and a motion to enlarge the time for filing objections. 1. The objections With respect to the purported objections, the record shows that they were in the form of a letter requesting that the allegations in unfair labor practice charges' filed by the Intervenor against the Employer be considered as objections to the election. On December 15, 1954, the Regional Director refused to issue a complaint on these charges. Under established practice, the Board dismisses pro forma objections to an election which are mere reiterations of unfair labor practice charges which have been dismissed.' Accordingly, we hereby overrule the Intervenor's objections to the election without deciding whether the Regional Director properly held that the objections were not timely filed. We also perceive no reason for extending the Inter- venor's time for filing objections. The Intervenor's motion requesting the same is therefore denied. 2. The challenges With respect to the challenges, the Regional Director recommended that the challenges to the ballots of Roy Payne, George Kerr, G. J. LaCunha, Harry Metcalf, Joe Mallory, John Eldridge, Thomas Ross, Ed Holzmen, Clyde Floyd, Chester Wright, and Arthur Wall be 2 The exceptions to the Regional Director's report on challenges contained, for the first time, the Intervenor's objection to the sufficiency of the eligibility list used in the conduct of the election. As this objection was not raised prior to the filing of the exceptions, we find that it was not timely filed. Accordingly, it is overruled. National Container Corpo- ration of Wisconsin, 99 NLRB 1492 at 1495; Oakland Scavenger Company, 100 NLRB 262, footnote 2. 3 Case No. 20-CA-1047. * Parker Brothers & Company, Inc, 110 NLRB 1909; Times Square Stores Corporation, 79 NLRB 361. THE DAILY REVIEW, INC. 763 overruled and that their ballots be opened and counted. As no ex- ceptions were filed to this recommendation,' it is hereby adopted. [The Board directed that the Regional Director for the Twentieth Region shall, pursuant to the Rules and Regulations of the Board, within ten (10) days from the date of this Direction, open and count these ballots and serve upon the parties to this proceeding a supple- mental tally of ballots, including therein the count of said ballots.] 5 The Regional Director also recommended that the challenge to the ballot of Albert York be overruled on the ground that he is not a supervisor. The Intervenor's exceptions raise a substantial and material issue as to whether York is a supervisor. We shall make no disposition of his ballot pending the counting of the ballots herein directed to be opened and counted If York's ballot then becomes determinative of the election, we shall direct a healing to determine his supervisory status. THE DAILY REVIEW, INC. and SAN FRANCISCO-OAKLAND NEWSPAPER GUILD, LOCAL No. 52, AMERICAN NEWSPAPER GUILD, CIO, PETI- TIONER. Case No. 920-RC-2653. February 21,1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Robert V. Magor, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged at Hayward, California, in the publi- cation of a daily newspaper, called The Daily Review, and of two weekly newspapers. It is a member of United Press and Interna- tional News Service; it also publishes nationally syndicated features and advertises nationally sold products. During the past year the Employer's gross revenue from The Daily Review alone was in excess of $59,0,000. We find, in accord with the Employer and contrary to the Petitioner, that the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein.' 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) andSection2 (6) and (7) of the Act. 4. The parties agree that a unit consisting of the editorial depart- ment of The Daily Review, excluding the editor, part-time out-of- town correspondents, and free-lance writers, is appropriate. The par- ties disagree, however, as to the supervisory status of the associate edi- 1 The Daily Press, Incorporated, 110 NLRB 573. 111 NLRB No. 122.