The Great Atlantic & Pacific Tea Co.

204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Great Atlantic & Pacific Tea Company and Meat Cutters, Packinghouse Workers, and Food Handlers Union , Local No. 657, AFL-CIO, affiliated with Amalgamated Meat Cutters & Butcher Workmen of North America, AFL-CIO, Petitioner. Case No. 12-RC-204. March 25, 1958 DECISION, ORDER, AND DIRECTION OF SECOND ELECTION Pursuant to a Decision and Direction of Election issued by the Board on October 30, 1957,1 an election by secret ballot was conducted on November 20, 1957, under the direction and supervision of the Regional Director for the Twelfth Region of the National Labor Relations Board among the employees in the unit found appropriate by the Board. The parties were furnished a tally of ballots which shows that of approximately 54 eligible voters, 19 cast ballots for the Petitioner, 32 cast ballots against the Petitioner, and 1 ballot was challenged. Thereafter the Petitioner filed objections, but the Regional Di- rector held they were untimely, dismissed them, and on November 29, 1957, issued a certificate of results of election. On December 5, 1957, the Petitioner filed a motion to set aside this certificate, on December 12 the Employer filed its opposition to the motion, and on January 8, 1958, the Board issued its order granting the Petitioner's motion, revoking the certificate of results of election, and directing the Re- gional Director to proceed with an investigation of the Petitioner's objections. In accordance with the Rules and Regulations of the Board, the Regional Director caused an investigation of the objections to be made and, on February 14, 1958, issued and served on the parties his report on objections, in which he found one of the objections meritorious, and recommended that it be sustained, that the election be set aside, and a second election directed. The Employer filed timely exceptions to the Regional Director's report. Pursuant to Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chair- man Leedom and Members Bean and Fanning]. The Regional Director found merit in the Petitioner's first objec- tion, which stated that supervisors had summoned employees in the 10 stores involved to individual interviews in back rooms of the stores. The Regional Director found that the bulk of the employees were sub- jected to such interviews. The Employer contended that the inter- views were noncoercive and therefore the technique it used was i Not published. 120 NLRB No. 30. LEVINGSTON SHIPBUILDING COMPANY 205 permissible. Relying on Peoples Drug Stores, Inc.,' the Regional Director found the Employer's contention without merit and recom- mended that the objection be sustained. In its exceptions to the Regional Director's report, the Employer does not contend that his findings are wrong. Rather it relies on the arguments expressed in the dissenting opinions in the Peoples case. For the reasons set forth in the majority opinion in Peoples we reject the Employer's con- tentions. Accordingly, we accept the Regional Director's recommen- dations and shall set aside the election and order a second election s [The Board set aside the election held on November 20, 1957.] [Text of Direction of Second Election omitted from publication.] 2119 NLRB 634 3 Member Fanning agrees that the individual interviews in this case require setting aside the election, without thereby passing upon whether or not interviews with groups of employees in retail establishments would also warrant the same decision as found by a Board majority in Peoples Drug Stores, Inc., 119 NLRB 634. Levingston Shipbuilding Company, Petitioner and Orange Metal Trades Council and Lodge 1457, District 31, International Association of Machinists, AFL-CIO. Case No. 39-RM-61. March 26, 1958 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clifford W. Potter, 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Leedom and Members Bean and Jenkins]. The Employer filed this petition to resolve conflicting claims by the two certified bargaining agents both of whom contend that their certification covers the employees involved. The Employer is willing to recognize as bargaining agent for the employees involved that union which the Board determines represents the disputed group because of certification, but does not desire an election and is neutral with respect to the conflicting claims. Thus the Employer requests a clarification of the outstanding certifications in this matter. The intervening Orange Metal Trades Council does not desire an election but contends that its certification covers part of the employees in dispute, while the intervening Machinists, likewise does not desire an election but asserts that its certification covers all the employees involved. 120 NLRB No. 32.