The Kroger Co.

THE KROGER COMPANY 205 affecting the results of the election .2 Accordingly, we shall set aside the second election in this case and order that a third election be held. [The Board set aside the election held on November 7, 1958.] [Text of Direction of Third Election omitted from publication.] 2 We do not deem it necessary to make a determination as to the remaining objections of the Petitioner. The Kroger Company and Bakers Union No. 4 of Greater St. Louis, American Bakery and Confectionery Workers Inter- national Union, AFL-CIO, Petitioner and Local Unions No. 4 Auxiliary and 254, Bakery and Confectionery Workers Inter- national Union of America, Joint Petitioners. Cases Nos. 14-RC-3404 and 14-RC-3438. March 13, 1959 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES On December 2, 1958, pursuant to a Decision and Direction of Elections issued on October 28, 1958,1 as later amended,2 elections were conducted under the direction and supervision of the Regional Director for the Fourteenth Region among, the employees in the vot- ing groups found appropriate by the Board. At the conclusion of the elections, the parties were furnished with tallies of ballots. The tally for group 1 showed that of approximately 261 eligible voters, 88 voted for Local Unions No. 4, No. 4 Auxiliary, and 254, Bakery and Confectionery Workers International Union of America (BCW) ; 120 voted for Bakers Union No. 4 of Greater St. Louis, American Bakery and Confectionery Workers International Union, AFL-CIO, herein called ABC; and 3 cast challenged ballots. The challenged ballots were insufficient in number to affect the results. The tally for group 2 showed that, of approximately 111 eligible voters, 81 voted for, and 17 against, Locals No. 4 Auxiliary and 254, BCW. There was 1 void ballot. On December 5, 1958, the three BCW locals filed objections to conduct affecting the results of the election. The Regional Director investigated the objections and, on January 22, 1959, issued and served upon the parties his report, finding the objections to be with- 1 Unpublished. 2 By telegraphic Order, dated November 21, 1958, granting Motion to Correct Decision and Direction of Elections, filed by Intervenors, Local 4-A and 4 , Bakery and Confec- tionery Workers International Union of America ; and by Order Amending Direction of Elections, dated November 25, 1958 , authorizing Regional Director 15 additional days in which to hold the elections. 123 NLRB No. 30. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD out merit and recommending that they be overruled and that ABC and Locals No. 4 Auxiliary and 254, BCW be certified as the rep- resentatives, respectively, of the employees in groups 1 and 2. Thereafter the three BCW locals filed timely exceptions to the Regional Director's report. The Board has considered the objections, the Regional Director's report, and the exceptions thereto, and hereby adopts the findings and recommendations of the Regional Director. The three BCW locals objected to the postponement of the elec- tions herein and the counting of the ballots cast in the elections in other companion cases prior to the rescheduled election date, as prejudicial.3 The Regional Director's investigation disclosed that the parties in the instant and three companion cases had agreed that the ballots in the four elections should be impounded and counted on November 25, 1958, after all of the elections had been held. However, on November 18, a stipulation for consent election was executed in another case (The Great Atlantic c Pacific Tea Co., Case No. 14-R.C-3511, unpublished), for which elections were scheduled on November 24 and 25, with the understanding that the date for counting the ballots in the aforementioned companion cases be postponed to November 26. On November 19, 3 weeks after the Decision and Direction of Elections in'-the instant case, the three BCW locals filed the Motion to Correct Decision referred to above, requesting that Local No. 4 be added to Locals No. 4 Auxiliary and 254 on the ballot for voting group 1 in the election scheduled for November 24. The Board's granting'of this motion on November 21 made necessary the posting of new election notices to show the amendment of the ballot. As a result, the Regional Director requested and the Board granted more time in which to hold the elections. The three BCW locals requested that the date for counting the ballots in the other cases be postponed until after the rescheduled elections herein. The other parties opposed such request. The Regional Director denied the request on the ground that the three BCW locals, by their own delay in filing the Motion to Correct, had caused the rescheduling of the elections herein and, for this reason, any further postponement of the counting of ballots in the other cases would penalize the parties thereto. In their exceptions, the three BCW locals, besides reiterating most of their objections, controvert the Regional Director's statement that all parties in the A ct P case had agreed to the 1-day postponement for 3 Another objection , that the elections herein were scheduled hastily and at a time when many employees were not scheduled to work, was rejected by the Regional Director as without any basis in fact. A final objection , that the Board 's unit determination was erroneous, is clearly without merit. As stated by the Regional Director, such matter should have been presented by motion for reconsideration prior to the election. Globe Steel Tubes Co., 103 NLRB 1197. THE AMERICAN SUGAR REFINING COMPANY (DOMINO BAG) 207 counting the ballots in the four companion cases. However, whether or not BCW agreed to the postponement in the A cC P case, we believe that the Regional Director, in the circumstances, properly denied the request of the three BCW locals for further postpone- ment of the counting of ballots in the other elections. As we have overruled the objections to the elections, we shall certify the ABC as the representative of employees in group 1 and Locals No. 4 Auxiliary and 254, BCW in group 2. [The Board certified Bakers Union No. 4 of Greater St. Louis, American Bakery and Confectionery Workers International Union, AFL-CIO, as the collective-bargaining representative in group 1 and Locals No. 4 Auxiliary and 254, Bakery and Confectionery Workers International Union of America, as the collective-bargain- ing representative of employees in group 2.] MEMBERS BEAN and JENKINS took no part in the consideration of the above Supplemental Decision and Certification of Representa- tives. The American Sugar Refining Company (Domino Bag) and United Papermakers and Paperworkers, AFL-CIO, Petitioner. Case No. 11-RC-1094. March 13, 1959 DECISION AND CERTIFICATION OF RESULTS OF ELECTION On March 20, 1958, pursuant to a stipulation for certification upon consent election, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Eleventh Region among employees in the agreed -upon appropriate unit. Following the election , the Regional Director served upon the parties a tally of ballots, which shows that of 115 eligible voters, 110 cast valid ballots, of which 31 were for, and 79 were against, the Petitioner. On March 24, 1958, the Petitioner filed objections to the conduct of the election . On December 19, 1958, the Regional Director issued and served upon the parties his report on objections and recom- mendation in which he found that the objections lacked merit and recommended that they be overruled . Thereafter, the Petitioner filed timely exceptions to the Regional Director's report. 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]. 123 NLRB T No. 29.