Dayton & Steel Foundry

National Labor Relations Board - Board DecisionsSep 22, 1971

193 N.L.R.B. 312 (N.L.R.B. 1971)

312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Fayette Manufacturing Co., Inc ., Division of Dayton Steel Foundry and Carpenters Local Union No. 3265, Petitioner . Case I0-RC-8708 September 22, 1971 DECISION ON REVIEW BY MEMBERS FANNING, JENKINS, AND KENNEDY On June 14 , 1971, the Regional Director for Region 10 issued a Decision and Direction of Election in which , pursuant to the Petitioner's request, he included over-the-road truckdrivers in a plantwide unit . Thereafter , in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations , Series 8 , as amended , the Employer filed a timely Request for Review of such Decision contending that by including the truckdrivers in the unit the Regional Director had departed from officially reported precedent. The Board by telegraphic order dated July 7, 1971, granted the Employer 's Request for Review. Pursuant to the provisions of Section 3(b) of the I To the extent that the decision in Container Research Corporation, supra, is inconsistent herewith , it is hereby overruled 2 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 Co, 394 U S 759. Accordingly, it is hereby directed that an amended election eligibility National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the entire record in this case with respect to the issue under review and makes the following findings: The Employer contends that the Regional Direc- tor's reliance on Marks Oxygen Company of Alabama, 147 NLRB 228, is misplaced in view of the Board's more recent decision in Container Research Corpora- tion, 188 NLRB No. 89, where, contrary to the petitioner, the Board excluded over-the-road truck- drivers from its requested overall production and maintenance unit. In agreement with the Regional Director, however, we adhere to the decision in Marks Oxygen Company of Alabama, supra, and hereby affirm the Regional Director's Decision.' Accordingly, the case is remanded to the Regional Director for Region 10, for the purpose of holding an election pursuant to his Decision and Direction of Election, except that the payroll period for determin- ing eligibility shall be that immediately preceding the date below.2 list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 10 within 7 days of the date of this Decision on Review . 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 193 NLRB No. 45