Capital Records, Inc.

598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the sales-service clerk, the janitor and groundskeeper, and the 'part-time employee receptionist and guide, but excluding the produc- tion aide, the employee in charge of payroll preparation, the secretary to the program manager, the secretary to the sales manager, the billing section supervisor, the maintenance supervisor, and the staff artist, all guards, managerial employees,' confidential employees, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 5 We can perceive no reason why "managerial employees" should not be specifically set out as an exclusion in the unit description. Capital Records, Inc. and United Electrical, Radio & Machine Workers of America, Independent, Petitioner. Case No. 21-RC- 4534. July 10, 1957 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a Decision and Direction of Election dated October 8, 1956,1 an election by secret ballot was conducted on November 2, 1956, under the direction and supervision of the Regional Director for the Twenty-first Region among the employees in the unit found appro- priate by the Board. Following the election, a tally of ballots was furnished the parties which shows that of 74 valid ballots cast, 9 were cast for Local 986, International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, AFL-CIO, herein re- ferred to as the Teamsters; 17 were cast for the Petitioner, 43 were cast for International Brotherhood of Electrical Workers, Local 1710, herein referred to as IBEW, 3 were cast against the participating labor organizations and 2 were challenged. The challenges were not sufficient in number to affect the results of the election. On November 8, 1956, the Petitioner filed timely objections to conduct affecting the results of the election, Pursuant to Section 102.61 of the Board's Rules and Regulations, the Regional Director conducted an investigation of the objections, and on February 21, 1957, issued his report on objections, in which he recommended that the objections be overruled and that the IBEW be certified as the representative of the employees in the appropriate unit. The Petitioner filed timely exceptions to the Regional Direc- tor's report. On November 2, 1956, the Petitioner filed unfair labor practice charges in Case No. 21-CA-2602 against the Employer, alleging violation of Section 8 (a) (1) (2) and (3) of the Act. These 1 Not reported in printed volumes of Board Decisions and Orders. 118 NLRB No. 66. JOHN L. CLEMMEY COMPANY, INC . 599 charges are substantially the same as the Petitioner's objections to the election. On February 6, 1957, the Regional Director refused to issue a complaint on the ground of insufficient evidence. Thereafter, in order to avoid repetition, the Petitioner requested that its excep- tions to the report on objections be used as the basis of its appeal from the Regional Director's refusal to issue a complaint. The General. Counsel has sustained the action of the Regional Director. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three- member panel [Chairman Leedom and Members Murdock and Jenkins]. The principal objection to the election made by the Petitioner is that the Employer directly and indirectly aided and assisted the Teamsters and IBEW and defamed the Petitioner. In treating these objections, the Regional Director pointed out that the alleged acts of the Employer urged in the objections are alleged as unfair labor practices in the complaint case. Under established procedure, the Board dismisses objections to an election which are mere reiterations of unfair labor practice charges which have been dismissed by the General Counsel.' Accordingly, we hereby overrule the Petitioner's objections to the election. In overruling the Petitioner's objections, the Board does not undertake to decide the factual questions raised by the Petitioner's exceptions. The Board rests its decision solely on the application of the Times Square doctrine 3 namely, that it will not in the guise of considering objections to an election review the General Counsel's dismissal of unfair labor practice charges.4 [The Board certified Local 1710, International Brotherhood of Electrical WTorkers, AFL-CIO, as the designated collective-bargain- ing representative of all production and maintenance employees at the Employer's Los Angeles, California, plant, excluding office, sales, clerical, engineering, technicians, operating engineers, draftsmen, employees engaged in research and experimental activities, guards, and all supervisors as defined in the Act.] 2 AIartinolieh Ship Repair Co., 111 NLRB 761, 762. 3 Times Square Stores Corporation, 79 NLRB 361. 4 See Parker Brothers d Company, 110 NLRB 1909. John L. Clemmey Company, Inc. and United Steelworkers of America, AFL-CIO. Case No. 1-CA-?054. July 11,1957 DECISION AND ORDER On November 7, 1956, Trial Examiner James A. Shaw issued his Intermediate Report in the above-entitled proceeding, finding that 118 NLRB No. 77.