Thirifty Rent-A-Car

THRIFTY RENT-A-CAR Wolfrich Corporation d/b/a Thrifty Rent-A-Car and Freight Checkers, Clerical Employees & Helpers, Local No. 856, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case 20-RC- 141461 January 27, 1978 DECISION AND ORDER DIRECTING HEARING BY MEMBERS JENKINS, PENELLO, AND MURPHY Pursuant to authority granted it by the National Labor Relations Board under Section 3(b) of the National Labor Relations Act, as amended, a three- member panel has considered objections to, and a determinative challenged ballot in, an election held May 4, 1977,2 and the Regional Director's report recommending disposition of same. The Board has reviewed the record in light of the exceptions and brief, and hereby adopts the Regional Director's findings and recommendations.3 ORDER It is hereby ordered that a hearing be held for the purpose of receiving evidence to resolve the issues raised by the determinative challenge to the ballot cast by Marilyn DeMartini. IT IS FURTHER ORDERED that the Hearing Officer designated for the purpose of conducting such I We have severed this case from Wolfrich Corporation d/b/a Thrifty Rent-A-Car, 234 NLRB 525 (1978) (Case 20RC-14157), with which it had been joined by the Regional Director, because we are directing a hearing on a challenged ballot herein, but are certifying the representative in that case. 2 The election was conducted pursuant to a Stipulation for Certification Upon Consent Election. The tally was: five for, and four against, the Petitioner; there was one challenged ballot, which was sufficient to affect the results of the election. hearing shall prepare and cause to be served on the parties a report containing resolutions of credibility of witnesses, findings of fact, and recommendations to the Board as to disposition of said challenged ballot. Within the time prescribed by the Board's Rules and Regulations, Series 8, as amended, any party may file with the Board in Washington, D.C., eight copies of exceptions thereto. Immediately upon the filing of such exceptions, the party filing the same shall serve a copy thereof on each of the other parties and shall file a copy with the Regional Director. If no exceptions are filed thereto, the Board will adopt the recommendations of the Hearing Officer. IT IS FURTHER ORDERED that the above-entitled matter be, and it hereby is, referred to the Regional Director for Region 20 for the purpose of arranging such hearing and that the said Regional Director be, and she hereby is, authorized to issue notice thereof. MEMBEk JENKINS, dissenting in part: For the reasons stated in my dissent in Wolfrich Corporation d/b/a Thrifty Rent-A-Car, 234 NLRB 525 (1978), I would remand this case for a hearing on Objections 3 through 8, which allege, inter alia, that the Petitioner made promises of benefits and misre- presentations to employees of the Employer and, in the course of making such promises and misrepresen- tations, referred improperly to the Board's Regional Office. 3 We adopt the Regional Director's report wherein she recommended that each of the Employer's objections be overruled. These objections are the same ones, based on identical facts, which were filed in Wolfrich Corporation, d/b/a Thrifty Rent-A-Car, 234 NLRB 525 (1978). Member Jenkins, however, would also remand this case for a hearing regarding Objections 3 through 8, as he would do in that case. We hereby incorporate by reference in this case our response to Member Jenkins' dissent in Wolfrch Corporation, d/b/a Thrifty Rent-A-Car, supr 529