J. C. Pitman & Sons, Inc.

J. C. PITMAN & SONS, INC. 369 J. C.-Pitman & Sons, Inc. and -In- ternational -Union of.-Electrical; Radio and Machine Workers, CIO; Petitioner. - Case No. 1=RC= 14079. ^ October 12,1955 SUPPLEMENTAL DECISION, DIRECTION, AND ORDER Pursuant to a Decision and Direction of Election 1 in the above- entitled proceeding, dated July 20, 1955, an election by secret ballot was conducted on August 12, 1955, under the direction and supervision of the Regional Director for the First Region among the production and maintenance employees at the Employer's Concord, New Hamp- shire, plant. At the conclusion of the election the parties were fur- nished a tally of ballots. The tally showed that there were 39 eligible voters, and that 25 cast ballots, of which 16 were cast for the Petitioner and 9 were cast against it. There were 11 challenged ballots, a number sufficient to affect the results of the election. Thereafter the Regional Director investigated the issues raised by the challenges, all of which were made by the Petitioner. On- September 6, 1955, the Regional Director issued his report on challenged ballots. On September 19, 1955, the Employer filed timely exceptions to the report. The Petitioner has filed no exceptions to the report. In his report the Regional Director recommended that the challenges to the ballots of Eastabrook, Snow, Taylor, and Heaney be overruled, and that the challenge to the ballot of Monaco be sustained. As mo exceptions have been taken to these recommendations, they are hereby adopted. The Regional Director recommended further that the challenges to the ballots of Burger and Collins be sustained, as they were found to be students hired for temporary work during the summer. He found that Martels, Lagos, Raymond, and Tewksbury, who were challenged on the ground that they were supervisors, assigned work and had au- thority to recommend wage increase for other employees and were therefore supervisors. He accordingly recommended that the chal- lenges to their ballots be sustained. Finally, as the four ballots, as to which he had recommended that the challenges be overruled, would not be determinative of the election, the Regional Director recom- mended that the Petitioner be certified as bargaining representative of the employees in the appropriate unit. In its exceptions, the Employer asserts, contrary to the Regional Director's findings, that Burger and Collins were not hired on a tem- porary basis but as regular full-time employees and that Martels, Lagos, Raymond, and Tewksbury' do not assign work, and have no i Not reported in printed volumes of Board Decisions and Orders. 114 NLRB No. 72 370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD authority to recommend wage increases. The Employer asks that a hearing be held to resolve the issues raised by its exceptions. The Board has considered the Regional Director's report and the Employer's exceptions thereto and finds that they raise substantial and material issues of fact with respect to the eligibility of Burger; Collins, Martels, Lagos, Raymond, and Tewksbury, which may best be resolved by a hearing. However, we shall order that such a hearing be held only if it should develop, after the opening of the ballots here- inafter directed to be opened and counted, that the remaining six challenged ballots may be determinative of the results of the election. (The Board directed that the Regional Director for the First Region shall, within ten (10) days from the date of this Direction, open and count the ballots of Maurice Eastabrook, Ezra Snow, Arnold Taylor, and James Heaney, and serve upon the parties a supplemental tally of ballots.] ORDER IT IS HEREBY ORDERED that, if upon the opening and counting of the four ballots above described, the challenged ballots of Joseph Burger, Peter Collins, Conrad Martels, Peter Lagos, Edward Raymond, and Francis Tewksbury are still sufficient in number to affect the results of the election, the Regional Director shall hold a hearing for the purpose of determining the eligibility of these employees. IT IS FURTHER ORDERED that the hearing officer designated for the purpose of conducting such hearing, shall prepare and cause to be served upon the parties a report containing resolutions of credibility of witnesses, findings of fact, and recommendations to the Board as to the disposition of the challenges. Within 10 days from the date of the issuance of such report, any party may file with the Board in Wash- ington, D. C., an original and six copies of exceptions. The party filing the same shall serve a copy thereof upon each of the other parties, and the Regional Director. If no exceptions are filed thereto, the Board will adopt the recommendations of the hearing officer. Great Falls Employers Council, Inc. and Ronald Mauer, Peti- tioner and Retail Clerks International Association, Local No. 57. Case No. 19-RD-88. October 10, 1955 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Albert L. Gese, hearingoffi- 114 NLRB No. 78.