The Rath Packing Co.

382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the interest of maintaining our standards, set the election aside and direct that a new election be conducted among the employees in the unit heretofore found appropriate.3 [The Board set aside the election held on November 30, 1954.] [Text of Direction of Second Election omitted from publication.] 3 New York Telephone 00 , 109 NLRB 788 See Nat,onal Truck Rental Company, Inc., 108 NLRB 1349 ; Actave Sportswear Co., Inc, 104 NLRB 1057. The Rath Packing Company and United Packinghouse Workers of America, CIO, Petitioner. Case No. 16-RC-1591. July 08, 1955 SUPPLEMENTAL DECISION, DIRECTION, AND ORDER Pursuant to a Decision and Direction of Election dated February 15, 1955,1 an election by secret ballot was conducted on March 3, 1955, under the direction and supervision of the Regional Director for the Sixteenth Region. At the conclusion of the election, the parties were furnished with a tally of ballots which shows that, of approximately 50 eligible voters, 48 cast ballots, of which 24 were for the Petitioner, 23 were cast for no union, and 1 ballot was challenged. The chal- lenged ballot was sufficient to affect the results of the election. On March 9, 1955, the Petitioner filed timely objections to conduct affecting the results of the election. In accordance with the Rules and Regulations of the Board, the Regional Director conducted an investigation and, on April 20, 1955, issued and served upon the parties his report on challenged ballots and objections. On April 29, 1955, the Employer filed exceptions to the Regional Director's report. Upon the basis of the entire record in this case, the Board makes the following : FINDINGS OF FACT In his report, the Regional Director recommended that the chal- lenge to the ballot of Glen Stoddard be overruled and that his ballot should be opened and counted. As no exceptions to the Regional Director's report have been filed with respect to the foregoing chal- lenged ballot, we hereby adopt the Regional Director' s recom- mendation. As to the objections, the Regional Director found, in pertinent part, that about 2 weeks prior to the election the Petitioner's field repre- sentative was directed by Rodney Slight, plant superintendent, to I The Rath Packing Company, 16-RC-1591, February 15, 1955, not reported in printed volumes of Board Decisions and Orders. 113 NLRB No. 44. THE RATH PACKING COMPANY 383 the office of A. P. Monteith, plant manager. There, the Petitioner's field representative was told that the Employer did not want him talking to the employees even though he was only meeting them as they left their work, and that the Employer did not want him on its premises or on its parking lot. The Regional Director further found that the Employer did not have a rule forbidding solicitation and it did, on this one occasion, prevent outside union representatives from entering the work area. The Regional Director concluded that the Employer violated the rule enunciated in Livingston Shirt Cor- poration, et al., 107 NLRB 400, by ordering the Petitioner's field representative to leave its premises and by refusing him permission to solicit the employees when they were leaving the plant after work- ing hours. Accordingly, he recommended that the objections be sustained and that the election be set aside and a new election ordered. In its exceptions to the Regional Director's report, the Employer denies that it ordered the Petitioner's representative to leave its premises or that it refused him permission to solicit the employees when they were leaving the plant after working hours. The excep- tions thus raise substantial and material issue of fact as to the Regional Director's findings. Inasmuch as the counting of Glen Stoddard's ballot, the challenge to which is hereby overruled, may determine the results of the elec- tion, we shall direct that it be opened and counted. In the event that Stoddard's ballot was cast for the Petitioner, thereby giving the Peti- tioner a majority of the votes cast, we shall direct that the Petitioner be certified as the collective-bargaining representative of the employees in the unit heretofore found appropriate? We shall also direct that, in the event that the above ballot, when opened and counted, does not determine the results of the election, a hearing be held to determine the issues raised by the Petitioner's objections and the Employer's excep- tions to conduct affecting the results of the election. DIRECTION AND ORDER IT IS $EREBY DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with the Em- ployer, the Regional Director for the Sixteenth Region shall, pursuant to National Labor Relations Board Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballot of Glen Stoddard, and thereafter prepare and cause to be served upon the parties a revised tally of ballots, including therein the count of the said challenged ballot, and issue certification if the Petitioner re- ceives a majority of the votes cast. 2 We find it unnecessary to provide for the Petitioner 's withdrawing its objections to the conduct affecting the results of the election In the event it has won this election. See Keeshin Poultry Company, 97 NLRB 467. 384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY ORDERED that, in the event the ballot of Glen Stoddard, when opened and counted, does not determine the results of the elec- tion, a hearing be held to determine the issues raised by the objections and exceptions to conduct affecting the results of the election. IT IS FURTHER ORDERED that, in the event a hearing is held, the hearing officer designated for the purpose of conducting the hearing shall pre- pare and cause to be served upon the parties a report containing resolu- tions of the credibility of witnesses, findings of fact, and recommenda- tions to the Board as to the disposition of said objections. Within ten (10) days of receipt of such report, any party may file with the Board in Washington, D. C., an original and six copies of exceptions thereto. Immediately upon the filing of such exceptions, the party filing shall serve a copy thereof upon each of the other parties, and shall file a copy with the Regional Director. If no exceptions are filed thereto, the Board will adopt the recommendations of the hearing officer. IT IS FURTHER ORDERED that the above-entitled matter be, and it here- by is, referred to the Regional Director for the Sixteenth Region for disposition as provided for herein, and in the event a hearing is held, the Regional Director is hereby authorized to issue early notice thereof. CHAIRMAN FARMER took no part in the consideration of the above Supplemental Decision, Direction, and Order. Hearst Publishing Company, Inc. (Los Angeles Examiner Divi- sion) and Los Angeles Newspaper Guild, CIO, and Association of Classified Advertising Employees of the Los Angeles Ex- aminer. Case No. 21-CA-1702. July 29,1955 DECISION AND ORDER On June 3, 1954, Trial Examiner Howard Myers issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent had not engaged in the unfair labor practices alleged in the complaint and recommending that the complaint be dismissed in its entirety, as set forth in the copy of the Intermediate Report at- tached hereto. Thereafter, the General Counsel and the Union filed exceptions to the Intermediate Report; the General Counsel filed a brief in which the Union joined; and the Respondent filed a reply brief in which the Association joined.' The Board 2 has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. I The Union also requested oral argument . Because the record and briefs , in our opinion, adequately present the issues and the positions of the parties , the request is hereby denied. 2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its powers in connection with this case to a 3-member panel . [Chairman Farmer and Mem- bers Murdock and Peterson.] 113 NLRB No. 40.