Crane Packing Co.

164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative or conduct a new election, as may be appropriate pursuant to this Decision and according to the results shown by the revised tally. In the event, however, that the revised tally shows that the challenged ballot of Ervin Frederick would be determinative of the election, the Regional Director shall await the National Labor Rela- tions Board's determination of Frederick's status in the unfair labor practice proceeding in which it is alleged that Frederick is a dis- criminatee under Section 8(a) (3) of the National Labor Relations Act, as amended. If Frederick is found to be a discriminatee, the Regional Director shall open and count his ballot, prepare and cause to be served upon the parties a second revised tally of ballots, and issue a certification of representative or conduct a new election, as may be appropriate according to the results shown by the second revised tally. IT IS HEREBY FURTHER ORDERED that, insofar as required by the pro- cedure described in this Order, the election of January 28, 1966, among the unit of employees hereinbefore set out, be, and it hereby is, set aside. [Text of Direction of Election omitted from publication.] Crane Packing Co. and International Union , United Automobile, Aerospace & Agricultural Implement Workers of America, (UAW) AFL-CIO, Petitioner. Case 13-RC-10865. July 1l, 1966 DECISION, ORDER, AND DIRECTION OF SECOND ELECTION Pursuant to a stipulation for certification upon consent election, executed April 20, 1966, an election by secret ballot was conducted on May 12, 1966, under the direction of the Regional Director for Region 13 among employees in an agreed unit. Upon the conclusion of the balloting, the parties were furnished with a tally of ballots which showed that, of approximately 613 eligible voters, 188 cast ballots for, and 339 against, the participating labor organization, and 57 ballots were challenged. Thereafter, the Petitioner filed timely objections to conduct affecting the results of the election. After an investigation, the Regional Director issued his report on objections to election and recommendations, in which he recom- mended that objection 1 be sustained, and that the election be set aside and a new election ordered. The Employer filed timely excep- 160 NLRB No. 15. CRANE PACKING Co. 165 tions to the Regional Director's recommendation that objection 1 be sustained, with a supporting brief. The National Labor Relations Board has considered the Regional Director's Report, the Employer's exceptions and brief, and the entire record in this case and finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act, as amended, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Sections 9(c) (1) and 2(6) and (7) of the Act. 4. The following employees, as stipulated by the parties, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees at the Employer's Morton Grove, Illinois plant, including regularly employed part- time employees, but excluding office and plant clerical employees, laboratory employees and model makers, military service person- nel employed on a part-time basis, professional employees, guards, and supervisors as defined in the Act. 5. The Regional Director in his report recommended that the elec- tion held on May 12, 1966, be set aside and a new election directed because the Employer had refused to furnish a list of employee names and addresses as required pursuant to the rule established in Excel- sior Underwear, Inc., 156 NLRB 1236. In its exceptions, the Employer contends, in effect, that the Excelsior rule is invalid as it exceeds the powers conferred upon the Board by the National Labor Relations Act, and further, that, assuming the validity of the rule, it should not be applied in the instant case where, as the Regional Director found, the Petitioner had various means of communicating with the employees. We find no merit in these contentions. As to the validity of the rule, it is clear that "The control of the election proceedings and the determination of the steps necessary to conduct that election fairly [are] matters which Congress entrusted to the Board alone." 1 With respect to the second contention, the Board stated in Excelsior that, "even assuming the availability of other avenues by which a union might be able to communicate with employees, we may properly 1 N L R B. v. Waterman Steamship Corporation, 309 U.S. 206, 226 ; see also N.L.R.B. v. Sharhngton Supermarket, Inc, 224 F.2d 649, 651 (C.A. 4). 166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD require employer disclosure of employee names and addresses so as to insure the opportunity of all employees to be reached by all parties in the period immediately preceding a representation election." Accordingly, we find that the Employer's exceptions raise no material or substantial issue of fact or law which would warrant reversal of the Regional Director's findings and recommendations, which we hereby adopt. ORDER [The Board ordered that the election conducted on May 12, 1966, be set aside.] [Text of Direction of Second Election omitted from publication.] 2 2 An election eligibility list , containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 13 Nsitbin 7 days after the date of issuance of the Notice of Second Election by the Regional Director The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting wide the election whenever proper objections are filed Excelsior Underwear, Inc , 156 NLRB 1236 Wisconsin Rubber Products Co., Inc. and International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, AFL-CIO, Region 10. Case 30-CA-301. July 13, 1966 DECISION AND ORDER On May 10, 1966, Trial Examiner Melvin Pollack issued his Deci- sion in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take cer- tain affirmative action, as set forth in the attached Trial Examiner's Decision. Thereafter, the Respondent filed exceptions to the Decision and a supporting brief. General Counsel filed an answering brief and an opposition to Respondent's motion to reopen the record. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel [Members Fanning, Brown, and Zagoria]. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions and briefs, and the entire record 160 NLRB No. 16.