Certain-Teed Products Corp.

356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Certain-Teed Products Corporation and International Union, United Automobile, Aerospace & Agricul- tural Implement Workers of America, UAW, Petitioner. Case 9-RC-10477 January 30, 1975 DECISION AND ORDER DIRECTING HEARING BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO Pursuant to authority granted it under Section 3(b) of the National Labor Relations Act, as amended, a three-member panel has considered the objections to an election held May 30, 1974,1 and the Regional Director's Report recommending disposition of same. The Board has reviewed the record in light of the Employer's exceptions and brief and is of the opinion that the exceptions raise issues with respect to portions of the Employer's Objections 1, 3, and 4, as below described, which can best be resolved by a hearing. The Board adopts the Regional Director's disposition of the remaining allegations of objection- able conduct.2 ORDER It is hereby ordered that, pursuant to Section 102.69(f) of the Board's Rules and Regulations, Series 8, as amended, a hearing be held before a duly i The election was conducted pursuant to a stipulation for certification upon consent election The tally was 83 for, and 74 against, the Petitioner; there were 3 challenged ballots, an insufficient number to affect the results. 2 In the absence of exceptions, the Board adopts, pro forma, the Regional Director's rejection of the Employer's allegations of objectionable conduct as described in Objection I, par. (A), (B), and (DXI) of the Regional Director's Report; in Objection 2; and in that portion of Objection 4 concerning the alleged defacing of a posted model Board ballot. With respect to the Employer's exceptions to the Regional Director's disposition of the remaining allegations of objectionable conduct, the Board finds that, except as to the issues on which it has directed a hearing, those exceptions are without merit. Member Penello agrees that the objections concerning designated Hearing Officer for the purpose of receiving evidence as to whether, as alleged in the Employer's Objection 3, an employee was coerced and intimidated in the exercise of his Section 7 rights and whether, as alleged in portions of Objections 1 and 4, the Petitioner led employees to believe that its offer to waive initiation fees was available only to employees who signed authorization cards before the election. IT IS FURTHER ORDERED that the Hearing Officer designated for the purpose of conducting such hearing shall prepare and cause to be served on the parties a report containing resolutions of the credibil- ity of witnesses, findings of fact, and recommenda- tions to the Board as to the disposition of said objections. Within 10 days from the date of issuance of such report, 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 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 9 for the purpose of conducting said hearing, and that the Regional Director be, and he hereby is, authorized to issue notice thereof.3 alleged misrepresentations be overruled for the reasons set forth in his dissenting opinion in Medical Ancillary Services, Inc., 212 NLRB 582 (1974). 3 We note that, in the section of his Report entitled "Objection No I (E)," the Regional Director inadvertently reported that a leaflet distributed by Petitioner stated that union dues were $2 per month . The leaflet actually stated that dues were 2 hours' pay per month . Also, in the section of his report entitled "Objection No. I (F)," the Regional Director inadvertently reported that the leaflet stated "The International Union does not charge an Initiation Fee" for a certain period after a Board election . The leaflet actually stated that "the International Union usually does not charge an initiation fee" for a certain period (emphasis supplied). 216 NLRB No. 59