Atlantic Furniture Products Co., Inc.

National Labor Relations Board - Board Decisions

Feb 10, 1953

102 N.L.R.B. 1241 (N.L.R.B. 1953)

ATLANTIC FURNITURE PRODUCTS CO., INC. 1241
ATLANTIC FURNITURE PRODUCTS Co., INC. and UNITED FURNITURE
WORKERS OF AMERICA, CIO, PETITIONER . Case No. 5-RC-1030.
February 10, 1953
Supplemental Decision and Certification of Representatives
On June 10, 1952, pursuant to the Board's Decision and Direction
of Election, an election by secret ballot was conducted under the
direction and supervision of the Regional Director for the Fifth
Region among certain of the Employer's employees to determine
whether or not they wished the Petitioner to represent them in col-
lective bargaining. A tally of ballots, furnished the parties after the
election, shows that of approximately 60 eligible voters, 32 were for
the Petitioner, 22 were against the Petitioner, 5 were challenged and
1 was void.
On June 16, 1952, the Employer filed timely objections to the con-
duct of the election and to conduct affecting the results of the election,
alleging three grounds of objection.
On July 14, 1952, the Regional Director for the Fifth Region issued
his report on objections, in which he resolved Employer's objections
Nos. 2 and 3 and recommended that a hearing be held before a hearing
officer on objection No. 1.
On August 5, 1952, the Board issued an order directing hearing on
objections with respect to Employer's objection No. 1 and ordering
that the hearing officer prepare and cause to be served upon the parties
a report containing resolutions of the credibility of witnesses, findings
of fact, and recommendations to the Board as to the disposition of
said objection.
Pursuant to notice the hearing was held on August 27 and 28, 1952,
before Willis C. Darby, Jr., hearing officer duly designated by the
Regional Director. On December 19 the hearing officer issued his
report, finding no bias and prejudice on the part of the field examiner
in setting the election from 7: 30 a. m. to 9 a. m.; that the field examiner
made no remarks in the presence of voters or prospective voters that
could be understood to discourage votes against the union or predict
the outcome of the election; that the field examiner properly refused
personally to challenge Mayo, Edwards, and Colvin, whom the Board
had specifically ruled to be eligible to vote; and that the Employer
was not prejudiced by the fact that Colvin voted without being chal-
lenged.' The hearing officer therefore found that Employer's objec-
tion No. 1 did not raise substantial or material issues with respect to
the conduct of the election and conduct affecting the results of the
election and recommended that it be dismissed.
3 See Stokely Foods, Inc., 81 NLRB 449, 451 ; J. I. Case Company, 85 NLRB 576.
102 NLRB No. 128.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Thereafter, the Employer and the Petitioner submitted briefs oppos-
ing and supporting, respectively, the hearing officer's report and rec-
ommendation.2
Upon the record of the hearing on objections, we find no reason to
reject the hearing officer's credibility findings.
We find, in accordance with the "recommendations of the hearing
officer, that the Employer's objection No. 1 does not raise substantial
and material issues regarding the conduct of the election. Accord-
ingly, as a tally of ballots shows that a majority of all valid votes
counted have been cast for the Petitioner, we shall certify that organi-
zation as the collective bargaining representative of the Employer's
employees in the unit heretofore found appropriate.
Certification of Representatives
IT IS HEREBY CERTIFIED that United Furniture Workers of America,
CIO, has been designated and selected by a majority of all production
and maintenance employees of the Atlantic Furniture Products Co.,
Inc., at its Baltimore, Maryland, plant, excluding office and clerical
employees, guards, watchmen, professional employees, and supervisors
as defined in the Act, as their representative for purposes of collective
bargaining and that, pursuant to Section 9 (a) of the Act, the said
organization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates. of pay,
wages, hours of employment, and other conditions of employment.
MEMBERS HOUSTON and MURDOCK took no part in the considera-
tion of the above Supplemental Decision and Certification of
Representatives.
2 The Employer 's request for oral argument is hereby denied as the records and brief
adequately present the positions of the parties.
THE MONARCH MACHINE TOOL Co. and LOCAL 776, UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, INDEPENDENT. Case No.
8-CA-75d. February 11, 1953
Decision and Order
On December 10, 1952, Trial Examiner David London issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
102 NLRB No. 134.