Textron, Inc.

BOSTITCH, DIV. OF TEXTRON, INC. Bostitch, Division of Textron, Inc. and Miscellaneous Warehousemen, Drivers and Helpers Local 986, International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, Petitioner. Case 21-RC-13422 April 16, 1974 DECISION ON REVIEW AND CERTIFICATION OF RESULTS OF ELECTION BY MEMBERS JENKINS, KENNEDY, AND PENELLO On January 29, 1974, the Regional Director for Region 21 issued his Supplemental Decision and Order Directing Hearing in the above-entitled proceeding in which he ordered a hearing to resolve the issues raised in the Petitioner's objection to the election.' Thereafter, pursuant to National Labor Relations Board Rules and Regulations, the Employ- er filed a request for review of the Regional Director's Supplemental Decision, contending that the objection should have been dismissed without a hearing. By telegraphic order dated February 22, 1974, the National Labor Relations Board granted the request for review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the entire record in this case with respect to the issues under review, including the Regional Director's Supplemental Decision and the Employer's request for review and makes the following findings: The Petitioner's objection alleges that just prior to the cutoff date for eligibility, the Employer hired an employee in the unit found appropriate herein, on the express condition that he cast his ballot in the election against the Petitioner. The Regional Direc- tor found that Emil Depillo, manager of the shipping, repair, and service department, hired a new I The tally of ballots for the election showed that of approximately 14 eligible voters 14 cast valid ballots, of which 7 were for, and 7 against, the Petitioner There were two challenged ballots and no void ballots. The 83 employee, Manuel Oliveros, approximately 50 days before the election. The Petitioner presented several witnesses who alleged that Oliveros told them on more than one occasion that he had been hired by Depillo with the understanding that he would vote against the Union in the upcoming election. Oliveros denied that he had told anyone that he was hired on such a condition or that he discussed the Union with Depillo. Likewise, Depillo denied ever talking to Oliveros about the Union or making Oliveros' employment conditional upon an antiunion vote. On the basis of the foregoing, the Regional Director concluded that a hearing was necessary to resolve the issue raised by the objection. We disagree. As urged by the Employer, we find that the Petitioner's objection is not supported by sufficient probative evidence to warrant a hearing. While there is a conflict in the testimony as to what Oliveros told his fellow employees, the resolution of such conflict in favor of Petitioner's witnesses would afford an insufficient basis to establish that in fact Oliveros was hired by Depillo on the condition that he vote against the Union. Moreover, as Depillo has denied that he discussed the Union in hiring Oliveros, there is no probative affirmative evidence to support the objection. Accordingly, the objection is hereby overruled. As the tally of ballots shows that a majority of the valid votes have not been cast in favor of the Petitioner, we shall certify the results of the election. CERTIFICATION OF RESULTS OF ELECTION It is hereby certified that a majority of the valid votes have not been cast for Miscellaneous Ware- housemen, Drivers & Helpers Local 986, Internation- al Brotherhood of Teamsters, Chauffeurs, Ware- housemen & Helpers of America, and that said labor organization is not the exclusive representative of all the employees, in the unit herein involved, within the meaning of Section 9(a) of the National Labor Relations Act, as amended. Regional Director sustained the challenges to the two ballots and no request for review was filed with respect thereto. 210 NLRB No. 20