Allstate Insurance Co.

National Labor Relations Board - Board Decisions

May 21, 1969

176 N.L.R.B. 94 (N.L.R.B. 1969)

94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Allstate Insurance Company and General Sales
Drivers & Allied Employers Union , Local No. 198,
an affiliate of the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers
of America, Petitioner . Case 12-RC-2792'
May 21, 1969
DECISION ON REVIEW, ORDER, AND
DIRECTION OF SECOND ELECTION
BY MEMBERS BROWN , JENKINS, AND ZAGORIA
Following the election held in this case on May
22, 1968,2 a tally of ballots issued showing that of
approximately 75 eligible voters, 36 cast valid
ballots for, and 34 against, the Petitioner, and 5 cast
challenged ballots. The Petitioner filed timely
objections to conduct affecting the results of the
election. The Regional Director, in his Supplemental
Decision on Challenges and Objections, referred to
in footnote 1, overruled the 5 challenges and
directed their opening and counting, sustained
Objection 1, overruled the other objections, and
directed a second election in the event the Petitioner
did not receive a majority under the revised tally to
be prepared. Thereafter, the Employer, in
accordance with the National Labor Relations
Board Rules and Regulations, filed a timely request
for review in which it asserted, inter alia, that issues
of fact were present as to the Regional Director's
disposition of Objection 1 which required a hearing.
On November 26, 1968, the National Labor
Relations Board issued an Order in which it granted
the Employer's request for review, directed the
Regional Director, in accordance with his
Supplemental Decision, to open and count the
challenged ballots and to prepare a revised tally,
and, in the event the Petitioner did not receive a
majority according to the revised tally, ordered him
to conduct a hearing to resolve issues raised by the
Petitioner's Objection 1. The Regional Director
issued a revised tally which showed that 36 votes
were for, and 39 against, the Petitioner. Therefore,
on December 19, 1968, he issued an order
scheduling hearing.'
Thereafter, a hearing was held before Thaddeus
R. Sobieski, a Hearing Officer of the Board. In the
'The instant case was previously consolidated with Cases 12-RC-2886,
12-RC-2889 , and 12-RC-2897 . However , in the Regional Director's
Supplemental Decision on Challenges and Objections , he certified the
results of elections directed in those three cases and no request for review
was filed with respect thereto.
The appropriate unit therefor was described in the Regional Director's
Decision and Direction of Elections as "All State Insurance Agents within
District 1 , District 11, and District III of Division I, excluding..."
'Thereafter , on December 30, 1968 , the Employer filed a motion for
clarification of the Board ' s Order. The Regional Director , on December
31, 1968 , issued a Statement on Employer 's motion for clarification. The
Board by telegraphic order dated January 3 , 1969, denied the motion, but
in order to remove ambiguity as to the scope of the hearing, made clear
that it should include issues raised as to all findings relied upon by the
Regional Director to support his decision to sustain Objection I
course of the hearing , the parties entered into a
stipulation , substantially as follows:
1. The unit in which the election in this case was
held on May 22, 1968, was thereafter reorganized.
2. The reorganized unit comprised insurance
agents within Districts I, II, III, and IV of Division
1.
a. The District IV in which the election in Case
12-RC-2889 was held (which comprised the Fort
Lauderdale (901 Federal Highway) Retail Sales
Location, the Boynton Beach Retail Sales Location,
and the Boca Raton Retail Sales Location) under
the reorganization, was eliminated.
b. The Fort Lauderdale Retail Sales Location,
formerly in the Old District IV, was made part of
District III.
c. The new District IV was made up of three
locations formerly part of Districts I or II, plus a
newly established location.
d. A newly created location was added to District
1.
e. Other location transfers did not change the
composition of the unit.
3. The parties agree that a new election may be
ordered in this case for "All insurance agents within
District I, District II, District III, and District IV of
Division I, excluding all claim adjusters, clerical
workers and supervisors, and all other employees as
provided under the Act", including "in such
direction of election a finding by the Board from the
record herein as to a disagreement between
Petitioner and Employer as follows:"
a. Petitioner contends that those employees
assigned to the Fort Lauderdale Retail Sales
Location, above referred to, should not and the
Employer contends they should be allowed to vote
in the new election.
4. Subject to the Board's clarification of the unit
with regard to the above-stated issue, the Employer
waived its rights to a hearing on Objection 1.
5. The parties reserved their rights to contest the
Board's determination of the appropriate unit for
the new election.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this case to a three-member panel.
The Board has considered the stipulation of the
parties, and the entire record in this case, and
makes the following findings:
In support of its contentions that employees
assigned to the Fort Lauderdale Retail Sales
Location should not be allowed to vote in the new
election, the Petitioner argues that the provisions of
Section 9(c)(3) bar their voting in the reorganized
unit because they comprised a subdivision of the
unit in which an election was held in Case
12-RC-2889 on May 22, 1968, less than 12 months
ago. We find no merit in this argument. These
employees are within the scope of the unit agreed to
176 NLRB No. 4
ALLSTATE INS. CO.
by the parties, and as the election directed herein is
not in the unit or subdivision in which the election
in Case 12-RC-2889 was held they are not precluded
by Section 9(c)(3) from participating in the new
election.'
Accordingly, we shall set aside the first election
and direct a new election in the following unit which
we find to be appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act.
All insurance agents within District 1, District II,
District III and and District IV of Division I of the
Employer's operations in the State of Florida,
excluding all claims adjusters, clerical workers and
supervisors and all other employees as provided
under the Act.
ORDER
IT IS HFREBY ORDERED that the election conducted
95
herein on May 22, 1968, be , and it hereby is, set
aside.
[Direction of Second Election ` omitted from
publication.]
'Thiokol Chemical Corporation . Redstone Division . 123 NLRB 888, and
cases cited therein . The case of Rockland Light and Power Company, 105
NLRB 365, on which Petitioner relies, is clearly distinguishable on its
facts.
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them . Excelsior
Underwear Inc, 156 NLRB 1236; N.L.R.B v Wyman-Gordon Company,
394 U.S. 759. Accordingly , it is hereby directed that an election eligibility
list, containing the names and addresses of all the eligible voters , must be
filed by the Employer with the Regional Director for Region 12 within 7
days after the date of issuance of the Notice of Second Election by the
Regional Director . The Regional Director shall make the list available to
all parties to the election . No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances.
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed.