Georgia-Pacific Corp.

GEORGIA-PACIFIC CORPORATION Georgia-Pacific Corporation Crossett Division-El Dorado and Southern Council of Lumber and Ply- wood Workers, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Petitioner. Case 26-RC-3569 August 27, 1970 SUPPLEMENTAL DECISION On February 27, 1970, the National Labor Relations Board issued a Decision, Order, and Directions' in this case, sustaining the challenge to the ballot of office janitress Nettie Carter on the basis that her interests do not warrant her inclusion in the produc- tion and maintenance unit; and adopting, pro forma, the Regional Director's recommendations that the challenges to the ballots of J.C. Williams, Henry Bailey, and Gentry Lee Williams be overruled and their ballots opened and counted. However, decision was deferred on the Regional Director's recommenda- tion that the challenge to the ballot of Jesse Johnson be overruled on the basis that he is not a supervisor; and it was provisionally directed, in the event that Johnson's ballot could affect the result of the election, that a hearing be conducted to take evidence on Johnson's supervisory status. In addition, the Board found, contrary to the Regional Director's recommen- dations, that a speech by the Employer to assembled employees created an atmosphere of fear which inter- fered with the election and ordered that the election therefore be set aside if the Union lost and Johnson's ballot was not determinative. Thereafter, the Employer filed a Motion for Recon- sideration in which it contends that, in the light of Board precedent, the Employer's preelection speech did not interfere with the election, and the Board 1 181 NLRB No 53 (Panel of Chairman McCulloch and Members Brown and Jenkins) 411 should therefore reverse its Decision, Order, and Directions insofar as it conditionally set aside the election. In addition, the Employer contends in its motion that the Board should reconsider its determina- tion sustaining the challenge to office janitress Nettie Carter's ballot and should adopt the Regional Director's recommended order that her ballot be opened and counted because her interests sufficiently ally her with employees in the production and mainte- nance unit to require that she be included in that unit. The Petitioner filed no response to the Employ- er's motion. The Board has considered the motion and the entire record in this case and hereby grants the motion. Based on its reconsideration of the entire record, the Board, contrary to its original Decision, hereby adopts the findings conclusions, and recommendations of the Regional Director in their entirety, except as to the challenged ballot of Jesse Johnson, with respect to which we adhere to the directions heretofore issued.2 In view of the above, the Direction is hereby amend- ed to include the ballot of Nettie Carter among those ballots to be opened and counted' within 10 days of the date of this Supplemental Decision, and in the event the challenged ballot of Jesse Johnson is not determinative of the election results, the Regional Director shall issue the appropriate certification. How- ever, in the event that the revised tally of ballots shows that the challenged ballot of Jesse Johnson is determinative of the election results, the Provisional Order of Hearing heretofore issued shall be applicable. MEMBER BROWN, dissenting: I would deny the Employer's motion for reconsider- ation and affirm the original decision for the reasons stated therein. ' The Employer's Motion for Reconsideration did not extend to the provisional direction as to Johnson ' Thus, the baiiots of J C Williams, Henry Bailey Gentry Lee Williams, and Nettie Carte[ are to be opened and counted 185 NLRB No. 77