Seth Thomas Division, General Tlime Corporation

SETH THOMAS DIVISION Seth Toma DMvieoa, Gerar Tle Crperim and Cemmuleatm Workers Anmrai, AFL-CIO, Pedtlter Seth Thoras Dh)da, Garerl Tm Cmporm, and CommusalSdom Workms o Aewua, AFL.-C10. Cases 1-RC-17425 and I-RM-1125 July 6, 1982 DECISION AND CERTIFICATION OF REPRESENTATIVE BY MEMBERS FANNING, JENKINS, AND ZIMMERMAN Pursuant to authority granted it under Section 3(b) of the National Labor Relations Act, as amended, a three-member panel has considered the Employer's objections to an election held on Octo- ber 2, 1981,1 and the Regional Director's report recommending disposition of same. I The Board has I The election was conducted purmant to a Siledo for Crtific tion Upon Consent Election. The tally w: 45 for, and 36 _aint, the Unon; there were 3 challenged bellots, an uce atab to affect the results. ' The Employer moves to include in the record aidavits which it sub mitted originally to the Regional Director and subsequently ppded to its brief in support of its excption to the Regionl Dire 's Repo on Objections. The affidavits were not accepted by the Eascutive Secreary when the brief was filed became the Employer refused to serve them on the other party to the proceeding a required by Sec. 1069(c) of the Board's Rules and Regulatiomn Series 8, - amended. Sec. 10269(X3) provides that a party may submit affidavits not included in the reord by appending them to a brief; however, that povion does not void the re- quirement of Sec. 102.69(c). Any material before the Bosd ms be reviewed the record in light of the Employer's ex- ceptions and brief and hereby adopts the Regiol Director's findings and recommendations.4 CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for Communications Work- es of America, AFL-CIO, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amunended, the said labor organization is the ex- clusive representative of all the employees in the following appropriate unit for the purposes of col- lective bargaining in respect to rates of pay, wa, hours of employment, and other terms and condi- tions of employment: All full-time and regular part-time production and maintenance employees employed by the Employer at its Boscawen, New Hampshire, location, but excluding part-time employees who work less than 20 hours per week, super- intendents, managerial employees, foremen, en- gineers, office clerical, confidential employees, guards and supervisors a defined in the Act. served nm l partie before t wll be considered. Accordingly, the Em pboyer's motio i denid. 8 In the absence of eception we adopt pem Jomt the Regioal D. recoe's aproval of the Empys requt that Objeco I(d) (e (fl (g, , (i), nd 4 be witdrawn. ' We fid tt the Employees eceptio to the Regioal rept raie no materl or subslsul mn of fact or lw whicl w-rt reverl dof te egia Diretors findp or rquir a hearing. 262 NLRB No. 99 715