George C. Rothwell, Inc.

National Labor Relations Board - Board Decisions

Apr 9, 1958

120 N.L.R.B. 364 (N.L.R.B. 1958)

364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ence to the law was made at the hearing, that section was not cited by counsel, and
opposing counsel was not given an opportunity to consider or be heard on it although
I directed , and it was clear , that any portion relied on should be pointed out at
that time.
III. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Union set forth in section II, above , occurring in connection
with the operations of the Company described in section I, above, have a close,
intimate , and substantial relation to trade, traffic , and commerce among the several
States, and tend to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
N. THE REMEDY
Having found that the Union has engaged in and is engaging in certain unfair
labor practices affecting commerce , I shall recommend that it cease and desist there-
from and take certain affirmative action to effectuate the policies of the Act.
It has been found that the Union has violated Section 8 (b) (2) and (1) (A)
of the Act by requesting and demanding that the Company discharge Meyer and
Koob because they had not paid dues to , and were not members of, the Union. I
shall therefore recommend that the Union cease and desist from making such re-
quests and demands.
Upon the basis of the above findings of fact , and upon the entire record in the
case, I make the following:
CONCLUSIONS OF LAW
1. The Public Utility Construction and Gas Appliance Workers of the State of
New Jersey , Local 274, of the United Association of Journeymen and Apprentices
of the Plumbing and Pipefitting Industry, AFL-CIO, is a labor organization within
the meaning of Section 2 (5) of the Act.
2. By attempting to cause Public Service Electric and Gas Company (Gas Dis-
tribution Department ) to discriminate in regard to hire and tenure of employment
in violation of Section 8 (a) (3) of the Act, the Union has engaged in and is en-
gaging in unfair labor practices within the meaning of Section 8 (b) (2) of the Act.
3. By restraining and coercing employees in the exercise of the rights guaranteed
in Section 7 of the Act, the Union has engaged in and is engaging in unfair labor
practices within the meaning of Section 8 (b) (1) (A) of the Act.
4. The aforesaid labor practices are unfair labor practices affecting commerce,
within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
George C. Rothwell , Inc. and Chauffeurs , Warehousemen & Help-
ers Union , Local 876, International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of America, Peti-
tioner. Case No. 5-RC-2270. April 9,1958'
DECISION AND DIRECTION
On August 26, 1957, pursuant to a stipulation for certification upon
consent election, an election by secret ballot was conducted under the
direction of the Regional Director for the Fifth Region among the
employees in the agreed appropriate unit. Following the election,
the Regional Director served on the parties a tally of ballots which
showed that of approximately 27 eligible voters , 11 cast ballots for
the Petitioner, 8 cast ballots against the Petitioner, and 8 ballots were
challenged.
120 NLRB No. 55.
GEORGE C. ROTHWELL, INC. 365
As the challenged ballots were sufficient in number to affect the
results of the election, the Regional Director caused an investigation
to be conducted in accordance with the Rules and Regulations of the
Board. On February 4, 1958, the Regional Director issued and served
on the parties his report on challenges, recommended that the chal-
lenges to the ballots of Clarence Reed, Leonard Bausch, and Allen
Everett be overruled; and that the challenges to the ballots of Her-
man Wilhoit, Glendon Durham, James Carter, and Roger Kelsey
be sustained; and that the challenge to the ballot of William Givens
remain unresolved at this time. Thereafter, the Employer alone filed
exception to the Regional Director's recommendation that the chal-
lenge to the ballot of Roger Kelsey be sustained.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Rodgers and
Jenkins].
The Board has considered the Regional Director's report and the
Employer's exception thereto and upon the entire record in this case
finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner is a labor organization within the meaning of
the Act, claiming to represent certain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. In agreement with the stipulation of the parties, the following
employees of the Employer constitute a unit appropriate for purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
All local and over-the-road truckdrivers and helpers employed by
the Employer at its store, mill, and elevators located at Smyrna and
Frederica, Delaware, but excluding all carpenters, carpenters' helpers,
mill operators, mill operators' helpers, office clerical employees,
guards, and supervisors as defined in the Act.
5. In the absence of any exception thereto, we adopt the Regional
Director's recommendation that the Petitioner's challenges to the bal-
lots of Clarence Reed, Leonard Bausch, and Allen Everett be over-
ruled and that their ballots be opened and counted.
The Petitioner agreed that the Employer's challenges to the bal-
lots of Herman Wilhoit, Glendon K. Durham, and James Carter be
sustained and their ballots not be opened and counted. The Regional
Director recommended that,, in view of the agreement of the parties,
the challenges to these ballots be sustained. Under these circum-
stances, we hereby adopt the Regional Director's recommendation.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer excepts to the Regional Director's recommendation
that the Petitioner's challenge to the ballot of Roger Kelsey be sus-
tained. The Employer contends that Kelsey, grandson of the Em-
ployer's president, and a 17-year-old high school student, who has
worked for the past 5 summers and sporadically during school vaca-
tions and Saturdays, has a reasonable expectancy of forthcoming em-
ployment. The record indicates that in the summertime, Kelsey helps
load and unload trucks; during the vacations, he works at the grain
elevator when the Employer is shorthanded. Kelsey is covered by the
Employer's Blue Cross policy, but he does not receive any paid vaca-
tions as do other employees. Although Kelsey believes that he has,
a reasonable expectancy of full-time employment, upon analysis of the
entire record, we agree with the Regional Director that Kelsey is a
temporary or casual employee, and we therefore adopt his recom-
mendation that the challenge to his ballot be sustained.'
The Employer challenged the ballot of William Givens, who, the
Petitioner alleged, had been discriminatorily discharged. The Peti-
tioner subsequently filed an unfair labor practice charge (5-CA-1194)
to this effect. The Regional Director made no recommendation as to
the disposition of the ballot at this time. We will not now rule on
Givens' ballot. If it should appear that Givens' ballot is determina-
tive of the results of the election, we will make a final disposition of the
matter after the outcome of the unfair labor practice proceeding.2
[The Board directed that the Regional Director for the Fifth
Region shall, within ten (10) days from the date of this Direction,
open and count the ballots of Clarence Reed, Leonard Rausch, and
Allen Everett, and serve upon the parties a supplemental tally of
ballots.]
'Brown -Forman Distillers Corporation, 118 NLRB 454; Westinghouse Air Brake Com-
pany, 119 NLRB 1391.
2 R & R News Co , 92 NLRB 1134, 1135, footnote 2; Old King Cole Display, Inc.,
116 NLRB 1251, 1253.
Olson Rug Company and Textile Workers Union of America,
AFL-CIO. Case No. 13-CA-P2587. April 10, 1958 °
DECISION AND ORDER
On November 19, 1957, Trial Examiner Ralph Winkler 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 Interme-
diate Report attached hereto. Thereafter, the Respondent filed ex-
120 NLRB No. 60.