Cook Truck Lines, Inc.Download PDFNational Labor Relations Board - Board DecisionsSep 13, 1954109 N.L.R.B. 1304 (N.L.R.B. 1954) Copy Citation 1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD COOK TRUCK LINES, INC. and INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL, LOCAL No. 327, PETITIONER. Case No. 1O-RC-9d739. September 13, 1954 Decision and Direction Pursuant to a stipulation for certification upon consent election ex- ecuted April 7, 1954, an election by secret ballot was conducted on April 19, 1954, under the direction and supervision of the Regional Director for the Tenth Region. Upon conclusion of the balloting, a tally of ballots was issued and served upon the parties. The tally of ballots shows that of approximately 11 eligible voters, 5 cast valid ballots for the Petitioner and 6 cast valid ballots against the Petitioner. There were no void ballots and no challenged ballots. On April 22, 1954, the Petitioner filed timely objections to the con- duct of the election and served them upon the Employer.' There- after, on June 14, 1954, the Regional Director issued his report on objections to election and recommendations to the Board, in which he found that certain objections should be sustained and recommended that the Board set aside the election and direct a new election. The Employer filed timely exceptions to the Regional Director's report. The Board, having considered the Regional Director's report, the Employer's exceptions thereto, and the entire record in this case, finds as follows : (1) The Employer is engaged in commerce within the meaning of the National Labor Relations Act. (2) The Petitioner claims to represent certain employees of the Employer. (3) A question affecting commerce exists concerning the repre- sentation of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. (4) The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act: All office clerical employees at the 1 The Petitioner originally served on the Employer a general. objection alleging commis- sion of "unfair labor practices " without the particularizing paper served on the Regional Director Within the time allowed for objections, the Employer received the particulariz- ing paper . The Regional Director found that the Employer 's timely receipt of the par- ticulars cured any defect in the original service. The Employer excepts, moving that the objections be dismissed for failure of proper service on the Employer. Because it appears that the Employer has not been prejudiced by the manner of service in this instance, its motion to dismiss is hereby denied. 109 NLRB No. 181. COOK TRUCK LINES, INC. 1305 Employer's Nashville, Tennessee, plant, excluding all other employees and supervisors within the meaning of the Act. (5) In its objections to the conduct of the election, the Petitioner alleged, in substance, that (a) the Employer granted wage increases while the case was pending; and (b) the Employer's supervisors promised employees better paying jobs if they voted against the Pe- titioner and no such jobs if they voted for the Petitioner. As to (a), the Regional Director found that the increases were in the regular course of business and therefore not objectionable. No exceptions were taken to his findings. As to (b), the Regional Director found no evidence directly reveal- ing the promises alleged, but in his investigation found evidence bear- ing upon the following : That one employee was told that he "could advance more if he was not in the Union" ; a second, that a man work- ing "under the Union" would not be considered "as much" for an executive position, as he would if there were no union; a third, that his present job "would be as far as could go in the Union"; and a fourth, that "if he wanted a management job, he couldn't get one if he was in the Union." Such statements allegedly were made by the manager or vice president at no specific time or place and were gen- erally denied by both. The Regional Director resolved the credibility issue in favor of the employees. Other employees alleged that a few days before the election, the Employer had made certain promises to rectify grievances; to better working conditions; and to straighten out problems. The Regional Director found that these statements related to and substantiated the Petitioner's objection (b) and recom- mended that the election be set aside. The Employer excepts to the Regional Director's findings and recommendations with respect to the credibility of the employees and the sufficiency of such evidence to support the objections. Upon the entire record in the case, it appears that the Petitioner's objections and the evidence presented to the Regional Director in support thereof raise substantial and material issues of fact which may best be resolved by a hearing. We shall, therefore, remand the case to the Regional Director for hearing only on those objections as to which exceptions were filed to the Regional Director's recommen- dations. [The Board directed that a hearing be held on the issues raised by the objections to which exceptions were filed.] MEMBER MURDOCK took no part in the consideration of the above Decision and Direction. 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