Star Kist Caribe, Inc.

304 325 NLRB No. 39 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1 The Petitioner’s unopposed motion, as amended, submitting doc- uments in support of its exceptions is granted. 2 No exceptions were filed to the Regional Director’s direction of a hearing as to portions of Objections Nos. 5(c), 5(g), 5(h), 5(i) (sec- ond 5(i)), and 5(j). 3 Contrary to the Regional Director and her colleagues, Member Fox would direct a hearing on the Petitioner’s Objections Nos. 3, 5(a), 5(b), 5(d), 5(e), and 5(f). Star Kist Caribe, Inc. and Mani Can, Inc. and United Industrial Workers, Service, Transpor- tation, Professional & Government of N.A., AFL–CIO, Petitioner. Case 24–RC–7795 January 20, 1998 SUPPLEMENTAL DECISION AND ORDER REMANDING BY CHAIRMAN GOULD AND MEMBERS FOX AND HURTGEN The National Labor Relations Board, by a three- member panel, has considered objections to an election held December 18 and 19, 1996, and the Regional Di- rector’s supplemental report recommending disposition of the objections. The election was conducted pursuant to a Decision and Direction of Second Election issued by the Board on November 14, 1996. The tally of bal- lots shows 1318 for and 2274 against the Petitioner, with 156 challenged ballots, an insufficient number to affect the results. The Board has reviewed the record in light of the Petitioner’s exceptions1 and brief, and has adopted the Regional Director’s findings and recommendations, as modified below. The Regional Director directed a hearing to resolve issues raised by several of the Petitioner’s objections to the second election.2 The Regional Director, how- ever, overruled a portion of Petitioner’s Objection No. 5(h), which alleges in part that the Employer, on or about September 23, 1996, threatened employees with loss of jobs. The Regional Director found that to the extent Ob- jection No. 5(h) alleged that a September 23, 1996 leaflet constituted objectionable conduct, the allegation raised conduct that was outside the critical period for the holding of the second election. In making this find- ing, the Regional Director identified November 14, 1996, as the commencement of the critical period for the second election, which is the date of the Decision and Direction of Second Election issued by the Board. Contrary to the statement of the Regional Director, the critical period for a second election commences as of the date of the first election. Times Wire & Cable Co., 280 NLRB 19, 20 fn. 10 (1986); Singer Co., 161 NLRB 956 (1966). The first election was held on June 19 and 20, 1996. Accordingly, the allegedly objection- able leaflet of September 23, 1996, falls within the critical period for the second election. We shall there- fore remand this portion of Objection No. 5(h) to the Regional Director for an investigation or hearing, as she deems appropriate. In all other respects, the Peti- tioner’s exceptions are denied.3 ORDER It is ordered that this case is remanded to the Re- gional Director for a supplemental report on the Peti- tioner’s Objection No. 5(h) which may, at the Regional Director’s discretion, be based on an investigation or a hearing, and the Regional Director is authorized to issue notice of any hearing. This supplemental report shall contain recommendations concerning whether the alleged conduct constitutes conduct warranting the set- ting aside of the election. IT IS FURTHER ORDERED that this case is remanded to the Regional Director for Region 24 for the purpose of conducting the investigation or hearing as she may find necessary. VerDate 11-MAY-2000 15:35 May 01, 2002 Jkt 197585 PO 00004 Frm 00304 Fmt 0610 Sfmt 0610 D:\NLRB\325.029 APPS10 PsN: APPS10