Raytheon Co.

RAYTHEON COMPANY 51 Raytheon Company and International Union of Elec- trical, Radio & Machine Workers, AFL-CIO, Petitioner. Case 20-RC-6201 September 27, 1968 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF THIRD ELECTION By CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND ZAGORIA Pursuant to a Stipulation for Certification upon Consent Election, an election was held among the Employer's production and maintenance employees at its Mountain View, California, location on Feb- ruary 4, 1965. By Decision, Order, and Direction of Second Election issued October 5, 1966,1 the elec- tion of February 4 was set aside and a second election directed. The tally of ballots of the second election, conducted on June 23, 1967, showed that of approxi- mately 813 eligible voters, 730 cast ballots, of which 312 were for, and 418 against the Petitioner. On June 29, 1967, the Petitioner filed timely objections to conduct affecting the results of the second election. On October 11, 1967, the Regional Director for Region 20 issued a Report on Objections in which he recommended that the Board overrule the objections. On November 30, the Petitioner filed exceptions to the Report and a supporting brief, and on December 18, the Employer filed a reply brief. On December 29, 1967, the National Labor Rela- tions Board issued an Order Directing Hearing for the purpose of receiving evidence to resolve the issues raised with respect to the Petitioner's objections. Pursuant to notice, a hearing was held at San Francisco, California, on March 5 and 6, 1968, before Earldean V. S. Robbins, Hearing Officer. All parties were represented at the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence on the issues was afforded all parties. On June 13, 1968, the Hearing Officer issued her Report on Objections in which she recommended that the second election be set aside and a new election directed. The Employer filed exceptions to this Report and a supporting brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. The Board has considered the Hearing Officer's Report on Objections, the Employer's exceptions and brief, and the entire record in this case, and hereby adopts the Hearing Officer's findings and her recom- mendation that the second election be set aside.2 Accordingly, we shall set aside the second election and direct that a third election be conducted. ORDER It is hereby ordered that the election conducted herein on June 23, 1967, be, and it hereby is, set aside. [Text of Direction of Third Election omitted from publication.] 1 160 NLRB 1603. 2 In so holding we rely, in addition to the grounds stated by the Hearing Officer, on the fact that, insofar as the record discloses, the Employer had never before held any employee meetings similar to those held on June 13 and 14, 1967. 173 NLRB No 10