Laguna Sportswear Co., Inc.

LAGUNA SPORTSWEAR COMPANY, INC. 485 of collective bargaining within the meaning of Section 9 (b) of the Act : All" regular full-time and part-time selling and nonselling em- ployees, excluding seasonal and intermittent or on-call employees, pro- fessional employees, guards, the confidential office employee,10 the man- ager, the assistant manager, the designated learner, the personnel supervisor, the office supervisor, the fountain operator, the assistant fountain operator, the fountain trainee, the stockroom supervisor, sales `floor supervisors, and all other supervisors as defined in the Act. [The Board dismissed the petitions filed herein in Cases Nos. 20-RC-3310 and 20-RC-3343.] [Text of Direction of Election omitted from publication.] 10 Local 1265 and the Employer agree, and we find, that the confidential offlee employee and the remaining categories should be excluded from the- unit. Laguna Sportswear Company, Inc. and Local 639, Amalgamated Clothing Workers of America, Petitioner. Case No. 21 RC- 4791. November 13,1957 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION Pursuant to a Decision and Direction of Election dated June 21, 1957,1 an election by secret ballot was conducted on July 17, 1957, by the Regional Director for the Twenty-first Region among the em- ployees in the unit found appropriate by the Board. Following the election, a tally of ballots was furnished the parties'which shows that of 3 ballots cast, 1 was against the Petitioner and 2 were challenged. As the challenged ballots were sufficient' in number to affect the re- cults'of the election, the Regional Director, pursuant to Section 102.61 of the Board's Rules and Regulations, conducted an investigation of the challenges and on September 5,1957, issued his report on challenged ballots in which he recommended that the challenge to one ballot (Childers) be sustained and the challenge to the other (Montellano) be overruled. The Petitioner thereafter filed timely exceptions to the Regional Director's report, and the Employer filed a response to the Petitioner's exceptions. Pursuant to, the provisions, of Section 3 (b) of the National Labor Relations Act, the Board has delegated its power in connection with this case to a three-member panel [Members Rodgers, Bean, and Jenkins]. 1 Not reported in printed volumes of Board Decisions and Orders. 119 NLRB No. 60. 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We have considered the Regional Director 's report, the Petitioner's exceptions, and the Employer's response to the exceptions. On the -basis of the entire record it appears that Childers was terminated on June 10, 1957, and at a preelection conference on eligibility , attended by a Board agent, the Employer took the position that Childers had no expectation of reemployment . Childers' name was therefore omit- ted from the list of eligible voters. In these circumstances , and for the reasons stated in the Regional Director's report, we find no merit in the Petitioner's exceptions. Therefore we shall sustain the challenge to Childers' ballot. No exceptions were filed to the Regional Director's recommendation that the challenged ballot of Alfred Montellano be overruled. How- ever, inasmuch as Montellano's ballot is insufficient to affect the re- sults of the election, in that none of the ballot choices could receive a majority of the valid votes cast , we find, in agreement with the Regional Director, that no useful purpose would be served in open- ing and counting Montellano's ballot. Accordingly, as the Petitioner has failed to secure a majority of the valid ballots cast, we deny the Petitioner 's request for a hearing and shall certify the results of the election. [The Board certified that a majority of the valid ballots was not cast for Local 639 , Amalgamated Clothing Workers of America, and that said organization is not the exclusive representative of the Em- ployer's employees in the appropriate unit.] National Cash Register Co. and Local 33, Amalgamated Lithog- raphers of America, AFL-CIO, Petitioner. Case No. 9-RC- 3089. November 14,1957 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William C. Humphrey, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 Rodgers and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 119 NLRB No. 62.