Atlanta Gas Light Co.

National Labor Relations Board - Board Decisions

Dec 29, 1966

162 N.L.R.B. 436 (N.L.R.B. 1966)

436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
seniority or other employment rights and privileges : Carl Alford , Willie Finch,
Bernard Borne , John Forbes , Roy Boyd, and William Baker , and make these
employees whole for any loss of pay they may have suffered by reason of the
discrimination against them.
WE WILL NOT discourage membership in or activities on behalf of Interna-
tional Brotherhood of Boilermakers , Iron Ship Builders, Blacksmiths , Forgers
and Helpers , AFL-CIO, or any other labor organization of our employees, by
discharging or otherwise discriminating in regard to the hire and tenure of any
employee 's employment or any term or condition of employment.
WE WILL NOT interrogate coercively employees respecting their union activi-
ties, or threaten them with loss of employment if they join the Union.
WE WILL NOT in any other manner interfere with, restrain , or coerce our
employees in the exercise of their right to self-organization , to form labor
organizations , to join or assist the above -named labor organization, or any
other labor organization , to bargain collectively through representatives of their
own choosing , and engage in other concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection or to refrain from any or
all such activities.
All our employees are free to become or remain, or to refrain from becoming
or remaining members of any labor organization except to the extent that such
right may be affected by an agreement authorized by Section 8(a)(3) of the Act,
as modified by the Labor Management Reporting and Disclosure Act of 1959.
AVONDALE SHIPYARDS, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board's Regional Office, T6024
Federal Building (Loyola), 701 Loyola Avenue, New Orleans, Louisiana 70113,
Telephone 527-6391.
Atlanta Gas Light Company and Truck Drivers and Helpers
Local Union 728, International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of America , Petitioner.
Case 10-RC-65041. Dece'rtber 29,1966.
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision, Order, and Direction of Elections issued by
the National Labor Relations Board on April 20, 1966,1 an election by
secret ballot was conducted on May 20, 1966, under the direction and
supervision of the Regional Director for Region 10 among the em-
ployees in the appropriate unit in this case. At the conclusion of
the balloting, the parties were furnished with a tally of ballots
which showed that, of approximately 129 eligible voters, 127 cast
ballots, of which 62 were for the Petitioner, 62 were against the
Petitioner, and 3 were challenged. The number of challenges was
sufficient to affect the results of the election. Thereafter, the Peti-
tioner filed timely objections to conduct affecting the results of the
election.
1158 NLRB 240.
162 NLRB No. 37.
ATLANTA GAS LIGHT Co. 437
The Regional Director investigated the objections and challenges
and, on July 7, 1966, issued a Supplemental Decision and Order to
Open and Count Challenged Ballots. He overruled the Petitioner's
challenges to the ballots cast by employees Charles S. Brady and
William M. Smith, and the Board agent's challenge to the ballot of
employee Andrew J. Cone, Jr. He found merit in objection 1, charg-
ing employer surveillance of a union meeting, but not in objection
2, charging election interference based on the Employer's preelection
propaganda. He directed that the three challenged ballots be opened
and counted and a revised tally, including their count, be prepared
and served on the parties. He held that if the revised tally showed
that the Petitioner had received a majority of the ballots cast he
would issue a certification of representatives, but that otherwise he
would set aside the election, and direct a second election on a date to
be determined.
Thereafter, the Employer filed a document captioned "Request
for Review" of the Regional Director's Supplemental Decision. The
Employer contests only two of the Regional Director's actions : over-
ruling the challenge to the ballot of Andrew J. Cone, Jr., and finding
merit in objection 1.
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 [Chairman McCul-
loch and Members Fanning and Jenkins].
The Board has considered the entire record in this case, including
the Regional Director's Supplemental Decision and the Employer's
"Request for Review," 2 and makes the following findings : 3
The Regional Director found,, on the basis of his investigation of
objection 1, that the Petitioner conducted an election eve meeting in
the nursery (babysitting) room of a bowling alley located near Griffin,
2 The "Request for Review" in part contended that'the Regional Director attempted to
limit the scope of our review of his determination in this case by improperly issuing a
Supplemental Decision rather than a report on challenges and objections, on the ground
that he had previously transferred this case to the Board We note, however, that the
transfer was limited to the determination of specific unit questions and that thereupon, we
determined such questions in our prior Decision herein We find it unnecessary to rule upon
this contention since even under the broader review standard applicable , to exceptions to a
Regional Director's report we would rule upon the issues raised herein in the manner set
forth in this Supplemental Decision and Direction
3In the absence of exceptions, we adopt pro forma the Regional Director's finding that
employees Charles S Brady and William Al Smith are not supervisors, but are eligible
voters, and that their ballots should be'opened and counted , and that objection 2 is NNithoat
merit.
The Employer's exceptions, in our opinion, raise no substantial issues which warrant
reversal of the Regional Director's tiirther findink that employee Andrew J Cone, Jr , is a
plant clerical employee who possesses a sufficient community of interest with distribution
and service employees to warrant his inclusion in the unit of such employees which we
have previously found appropiiate Accordingly, we affirm the Regional Director's order
that Cone's ballot should be opened and counted with those of employees Brad} and Smith
to determine the result of the present election
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Georgia, and that, about 30 to 45 minutes after its commencement
at 7:30 p.m., some employees there present noticed the Employ-
er's Property Manager Young, outside (across the play yard), "look-
ing toward" them. He further found that-one of the employees, who
had observed Young, opened the door to the play yard and invited
him to "come on in," and that Young did so briefly, but a few mo-
ments later left without incident at a union representative's request,
thereafter bowling on- the premises with a friend for the balance of
the evening. The investigation also disclosed that Young was an occa-
sional customer of the bowling alley. The Regional Director con-
cluded on the basis of the above facts that Young was either engaged
in surveillance or that he conducted himself in a manner designed to
create, an impression of surveillance in the minds of employees
attending the Petitioner's meeting. Accordingly, he included in his
Supplemental Decision an alternative determination, namely, that he
would, sustain objection 1, and set the election aside on the basis of
that objection, in the event that the revised tally shows that the
Petitioner has not received 'a majority of the ballots cast.
In our opinion the facts disclosed by the Regional Director's inves-
tigation are not adequate to establish either conclusion. The bowling
alley in question was the only one in the environs of Griffin. Young,
while probably aware of the meeting (through notices posted at the
plant), nonetheless was free to patronize the alley, either as an old
or new customer. The fact that he did so establishes a basis for his
presence near the nursery room of the bowling alley-where the Peti-
tioner elected to conduct a "fish bowl" type organizational meeting.
But his mere presence, without more specific evidence that it was not
for a legitimate purpose, or that it was for the purpose of observing
the meeting, establishes neither surveillance of the meeting by him,
nor a reasonable basis for an impression of surveillance in the minds
of employees in attendance at the meeting. We therefore find no merit
in objection 14
In accordance with our findings herein, we shall direct that the
ballots of Charles S. Brady, Andrew J. Cone, Jr., and William M.
Smith be opened and counted, to determine the results of the present
election.
[The Board directed that the Regional Director for Region 10
shall, within 10 days of the date of this Direction, open and count
these ballots and serve upon the parties a revised tally of ballots.]
4 See Universal Packaging Corporation, 149 NLRB 262, 263.