McCrometer, Division. of Ametek, Inc.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD McCrometer, Division of Ametek, Inc. and United Steelworkers of America, AFL-CIO, Petitioner. Case 21-RC-16364 March 25, 1983 SUPPLEMENTAL DECISION AND DIRECTION BY MEMBERS JENKINS, ZIMMERMAN, AND HUNTER 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 determinative chal- lenges to an election held on June 10, 1980,1 and the Hearing Officer's report recommending disposi- tion of same. 2 The Board has reviewed the record The election was conducted pursuant to a Stipulation for Certifica- tion Upon Consent Election. Of approximately 27 eligible voters, 25 cast ballots, of which 12 were cast for, and 10 were cast against, the Petition- er. There were three challenged ballots, a sufficient number to affect the results of the election. Only the challenged ballots of Jack E. Baker and Donald L. Barron are at issue herein. 2 In McCrometer, Division of Amnerek Inc., 261 NLRB 947 (1982), the Board denied the General Counsel's Motion for Summary Judgment and reopened this proceeding for the purpose of receiving evidence regarding the voting eligibility and status of Jack E. Baker and Donald L. Barron. Member Hunter did not participate in that decision. Member Jenkins dis- sented from the denial of summary judgment on procedural grounds, For in light of the exceptions and brief filed by the Pe- titioner, and hereby adopts the Hearing Officer's findings and recommendations. DIRECTION It is hereby directed that the Regional Director for Region 21 shall, pursuant to the National Labor Relations Board Rules and Regulations, Series 8, as amended, within 10 days from the date of the Di- rection, open and count the ballots of Jack E. Baker and Donald L. Barron, and thereafter pre- pare and cause to be served on the parties a revised tally of ballots. As the revised tally of ballots will show results determinative of the election, the Re- gional Director for Region 21 shall proceed to issue the appropriate certification. 3 IT IS FURTHER ORDERED that the above matter be, and it hereby is, remanded to the said Regional Director for the aforementioned purposes. institutional reasons, Meniber Jenkins has reviewed the Hearing Officer's report on the merits. On review he agrees with the Hearing Officer's findings and recommendations. I In the event that the revised tally of ballots warrants certification of the United Steelworkers of America, AFL-CIO, as the employees' exclu- sive representative, the appropriate unit is: All production and maintenance employees employed at the Em- ployer's facility located at 3255 West Etelson Avenue, Hemet, Cali- fornia: excluding all office clerical employees, professional employ- ees, guards, and supervisors as defined in the Act. 266 NLRB No. 105 584