Lazzara Products, Inc.

204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lazzara Products, Inc. Lazzara Products of Northern Jersey, Inc. Lazzara Products of Central Jersey, Inc. and Local 50, American Bakery and Confectionery Workers Union, AFL-CIO. Case 22-RC-4292 August 22, 1969 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN MCCULLOCH AND MEMBERS JENKINS AND ZAGORIA Pursuant to a stipulation for certification upon consent election approved by the Regional Director for Region 22 on March 11, 1969, an election by secret ballot was conducted among certain employees of the Employer as set forth in said stipulation. At the conclusion of the election, the parties' were furnished a tally of ballots which showed that of approximately 216 eligible voters, 192 cast ballots, of which 95 were for the Intervenor, 84 for the Petitioner, and 2 for no union ; in addition, there were 10 challenged ballots and 1 void ballot. The challenged ballots were sufficient in number to affect the results of the election. Thereafter, the Petitioner filed timely objection to conduct alleged to have affected the results of the election. Pursuant to the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation of the timely objections and an additional objection discovered in the course of his investigation.' Thereafter, on May 13, 1969, he issued and duly served on the parties his Report on the foregoing objections and on the challenged ballots, in which he recommended that the foregoing objections be overruled. In his Report, he also recommended sustaining five of the challenges.' As the remaining challenges could not affect the results of the election, the Regional Director recommended that the Intervenor be certified. On June 9, 1969, the Petitioner filed timely exceptions to the Regional Director's Report on Objections. 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. Upon the entire record in this case, including the Petitioner's exceptions to the Regional Director's Report, the Board finds: 'One of the parties was the Intervenor, United Electrical , Radio, and Machine Workers of America (U.E.). Local 404. 'The Regional Director's Report does not refer to, and it appears, therefore, that he did not investigate , a supplemental objection referred to in the Petitioner's exceptions to such Report, infra. 'These challenges involve Minerva Arroyo, Judy Rivera, Jose Valesques, Rosario Piccione, and Delia Petracca. 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Petitioner and Intervenor are labor organizations claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. We find, in accord with the stipulation of the parties, that the following employees constitute an appropriate unit for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. All inside employees of the Employer at Madison and Gettys Avenue and Ciani St., Paterson, New Jersey and Main St., town of Franklin, County of Somerset, N.J., excluding executives, supervisors, non-working foremen, clerical workers, store employees, maintenance men, auto mechanics, truck drivers and part time employees. 5. We agree with the Regional Director that the Petitioner's original objection, alleging that the Intervenor's representatives were permitted to electioneer at the New Brunswick location in the days immediately preceding the election, while the Petitioner's agents were denied the opportunity to engage in similar electioneering, is without merit," but solely for the reasons that (1) his investigation appears to have revealed no evidence of electioneering by the Intervenor, nor does the Petitioner now present any such evidence to the Board, other than general allegations, and (2) the Petitioner concedes that at no time did it request authority from the Employer to have its representatives enter on the Employer's premises. Under the foregoing circumstances, we find insufficient support for a finding of disparate treatment that would warrant setting aside the election. The Petitioner contends in its exceptions that the Regional Director failed fully to investigate the foregoing objection, and to consider "contentions" made by the Petitioner. However, it has not offered any evidence in support of such contentions. Accordingly, we find that the Petitioner has not established that a further investigation or hearing is required on this objection. 6. Petitioner alleges that it also filed a Supplemental Objection, which was rejected by the Regional Director as untimely filed. According to the Petitioner's exceptions this objection alleged that the Employer failed to comply properly with the requirement of Excelsior Underwear Inc.' that 'In the absence of exception to the Regional Director's findings of no merit in the additional objection discovered in the course of his investigation, we adopt it, pro forma. '156 NLRB 1236; see N.L.R.B. v. Wyman-Gordon Company, 394 U.S. 759. 178 NLRB No. 31 LAZZARA PRODUCTS, INC. 205 unions on the ballot be furnished with names and addresses of eligible voters prior to the election, "in that many of the addresses were false, obsolete, and/or incorrect , which petitioner learned in many instances only after the election , by the return of mail from the post office." However, the Petitioner has not supported its exceptions with any evidence, or even any allegation, as to the actual number of incorrect addresses . Nor has it sufficiently established that the Supplemental Objection could not have been timely filed . We agree with the Regional Director's rejection of this objection. 7. In the absence of exception thereto , we adopt, pro forma, the Regional Director' s disposition of the challenged ballots. We conclude that the Petitioner's exceptions raise no material or substantial issues of fact or law which would warrant reversal of the Regional Director's conclusions and recommendations, or require a hearing. Accordingly, as the Intervenor has received a majority of the valid votes cast , we shall certify it as the collective-bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVE It is hereby certified that United Electrical, Radio, and Machine Workers of America (U.E.) Local 404, has been designated and selected by a majority of the employees of the Employer in the appropriate unit as their representative for the purposes of collective bargaining , and that pursuant to Section 9(c) of the Act, the said labor organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment.