Graphic Arts Finishers, Inc.

852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fully considered and decided by the Board in the supplemental de- cision referred to above. Under these circumstances, we agree with the Regional Director that the Employer's objections are without merit, and they are hereby overruled2 As the Petitioner received a majority of the votes cast in the election , we shall certify it as the representative of the employees in the following unit , which we find ,to be appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All truckdrivers at the Employer's Canajoharie, New York, food processing plant, excluding station wagon drivers, shipping and re- ceiving employees and helpers, all other production and maintenance employees, office clerical employees, guards, professional employees, and supervisors as defined in the Act. [The Board certified International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, Local No. 182, as the designated collective -bargaining representative of the employees of the Employer's Canajoharie, New York, food processing plant.] MEMBER RoDGExs took no part in the consideration of the above Second Supplemental Decision and Certification of Representatives. 2 See The Kleinhan8 Compaq, 115 NLRB 627. Graphic Arts Finishers, Inc. and Local 11, United Packinghouse Workers of America, AFL-CIO, Petitioner. 'Graphic Arts Finishers, Inc. and International Printing Pressmen and Assistants' Union of North America, AFL-CIO, Petitioner. Cases Nos. 1-RC-4833 and I -RC-4841. July 26, 1957 DECISION AND ORDER Pursuant to a stipulation for certification upon consent election dated February 27, 1957, an election by secret ballot was conducted on March 14, 1957, under the direction and supervision of the Regional Director for the First Region among the employees in the stipulated unit. Following the election, the parties were furnished a tally of ballots which showed that of approximately 100 eligible voters, 41 cast ballots for Local 11, United Packinghouse Workers, 3 for Interna- tional Printing Pressmen and Assistants' Union of North America, 46 against the participating labor organizations, and 9 ballots were challenged. On March 21, 1957, the Petitioner in Case No. 1-RC--4833, herein- after referred to as Local 11, filed timely objections to conduct affect- 118 NLRB No. 102. GRAPHIC ARTS FINISHERS, INC. 853 ing the results of the election, copies of which were duly served on the Employer and the Petitioner in Case No. 1-RC-4841.1 In ac- cordance with the Rules and Regulations of the Board, the Regional Director conducted all investigation of the objections and challenges, and on May 3, 1957, issued and served on the parties his consolidated, report on objections and challenged ballots, in which he recommended that the objections be dismissed. He further recommended that the challenges to 6 of the ballots be overruled and the challenges to 3 bal- lots be sustained. Thereafter, Local 11 filed timely exceptions to the Regional Director's report on objections and challenges. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Murdock and Jenkins]. Upon the basis of the entire record in this case, the Board finds the following : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim 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) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of the Employer, excluding office clerical employees, professional employees, guards, and all supervisors as defined in the Act. 5. The objections : Objection No.. 1 alleged that General Manager Greenbaum and other supervisors told employees that if the Union won the election the Company would replace the workers with others. Objection No. 2 stated that on election day and immediately prior thereto, workers were advised by supervisors to put an "X" in the box designating "neither party." As no exceptions were filed to the Regional Di- rector's recommendation that these objections be, dismissed, we adopt his recommendation. The third objection declared that General Manager Greenbaum and other supervisors told the night shift that if the Union won the election, that shift would be abolished, and the workers would lose their jobs. In support of this objection, the investigation showed that a few days prior to the election, Greenbaum spoke to an em- ployee wearing a union button and asked him what the men expected I The Petitioner in Case No . 1-RC-4841 filed no objections to the election. 854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to accomplish by getting a union in. When the employee replied that he did not know, Greenbaum allegedly said that if the Union got in, the employee wearing the union button would be out. Greenbaum admitted the conversation but denied the threat. The investigation also showed that another employee, who was allegedly present, did not recall any conversation which took place. On the basis of the above, the Regional Director concluded there was insufficient evidence to support the allegation of threat and that even if made, the inci- dent was too isolated to have affected the results of the election. He therefore recommended that this objection be dismissed. In its exceptions, Local 11 claims that the Regional Director, in arriving at his conclusions, failed to consider other incidents in his report, concerning which affidavits were supplied to the Regional Office, and copies of which were attached as exhibits to the excep- tions. Exhibit (A) (1), which is undated, is substantially the same claim as objection No. 1, supra, which the Regional Director found to be without merit, and to which no exceptions were taken. Exhibit (A) (2) and (A) (3) refer to alleged threats and promises of benefit made by Greenbaum. Although the Union, in its brief in support of the exceptions, states that these incidents took place before the election, the affidavits on their face indicate that they occurred after March 14, the date of the election. We therefore find that the Regional Director was not warranted in considering them in his report. As the exceptions do no more than reiterate the claims in the objec- tions and adduce no further facts in support of the exceptions, we adopt the Regional Director's recommendation that the objections be dismissed 2 6. The challenges : Of the 9 challenges, Local 11 challenged the ballots of 6 voters on the ground of supervisory or managerial status. The 7th ballot was challenged by the Employer and the remaining 2 by the Board. The Regional Director recommended that 3 of the challenges be sustained and that 6 be overruled and the ballots opened and counted. Of these 6 ballots, Local 11 excepted only to 3, claiming the voters were supervisors and not eligible to vote. ` . As no exceptions were taken to the Regional Director's recommenda- tion with respect to the challenges to the ballots of Mildred Buttiglieri, Leonard Greenbaum, and Samuel Rodman, we adopt his recommenda- tion that the challenges to these ballots be sustained; and, as no ex- ceptions were taken to his recommendation that the challenges to the ballots of Frank Gentile, Edward Liggiero, and Mary Nearing be overruled, we adopt his recommendation that these ballots be opened and counted. 0 Continental Smelting & Refining Co., 117 NLRB 1388. ALLSTATE INSURANCE COMPANY 855 The Union excepted to the Regional Director's recommendation that the ballots of John Luongo, Ernest Pisiello, and Walter Maciejewski be opened and counted, on the ground that these men are recognized as foremen and that they have authority to assign and lay off em- ployees. We find there is insufficient evidence either in the Regional Director's report or in the Union's exceptions upon which we can make a finding as to the supervisory status of the foregoing employees. [The Board dismissed the objections.] [The Board sustained the challenged ballots of Mildred Buttiglieri, Leonard Greenbaum, and Samuel Rodman and overruled the chal- lenged ballots of Frank Gentile, Edward Liggiero, and Mary Nearing.] [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 Frank Gentile, Edward Liggiero, and Mary Nearing, and serve upon the parties a revised tally of ballots.] [The Board ordered that, if the ballots do not determine the results of the election, a hearing be held before a Trial Examiner, to deter- mine the eligibility of Ernest Pisiello, Walter Maciejewski, and John Luongo to vote.] [The Board further ordered that, in the event a hearing is held, the Trial Examiner serve 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 challenges. Within ten (10) days from the date of issuance of the report, any party may file with the Board in Washingon, D. C., an original and six copies of exceptions, serve a copy upon each of the other parties, and file a copy with the Regional Director. If no exceptions are filed the Board will adopt the Trial Examiner's recommendations.] [The Board ordered the above-entitled matter referred to the Regional Director for disposition.] Allstate Insurance Company and Insurance Agents International Union, AFL-CIO, Petitioner. Case No. 8-RC-2923. July 26, 1957' DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Carroll L. Martin, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' ' The Employer moved the dismissal of the petition at the hearing on the following grounds: (1) Petitioner has not made a sufficient showing of representative interest ; (2) both the unit originally requested by Petitioner and the unit as later amended by Peti- 118 NLIB No. 103.