Georgia-Pacific Corp.

National Labor Relations Board - Board DecisionsFeb 13, 1973

201 N.L.R.B. 831 (N.L.R.B. 1973)

GEORGIA-PACIFIC CORPORATION 831 Georgia-Pacific Corporation and Southern Council of Lumber and Plywood Workers, United Brother- hood of Carpenters and Joiners of America, AFL-CIO, Petitioner. Case 15-RC-4552 February 13, 1973 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS Pursuant to a Decision, Order, and Direction of Second Election, issued by the National Labor Relations Board on May 25, 1972, a second election was conducted on July 13, 1972, under the direction and supervision of the Regional Director for Region 15. At the conclusion of the election, the parties were furnished a tally of ballots which showed that of approximately 462 eligible voters, 458 ballots were cast of which 224 were for the Petitioner, 215 were against the Petitioner, and 19 were challenged. The challenged ballots were sufficient to affect the results of the election. Thereafter, the Employer filed timely objections to conduct affecting the results of the election. In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation, and thereafter, on September 29, 1972, issued and duly served upon the parties his Report on Challenged Ballots and Objections to Second Election. In his report, the Regional Director recommended that the challenges to 14 ballots be sustained and that the challenges to 5 ballots be overruled. However, he also concluded that these ballots should not be opened or counted because they could not affect the results of the election.' He further recommended that Employer's Objections 1, 2, 3, 4, 5, 6, 7, 8, and 9 be overruled in their entirety and that the Petitioner be certified as the collective-bargaining representative of the em- ployees in the unit described therein. Thereafter, the Employer filed timely exceptions to the Regional Director's report, together with a brief in support of its exceptions. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Union is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concern- ing representation 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 parties have agreed, and we find , that the following employees constitute an appropriate unit for purposes of collective bargaining within the meaning of Section 9(b) of the Act: All production and maintenance employees em- ployed at Employer's Taylorsville, Mississippi, plywood, particle board, and stud plants ; exclud- ing office clerical employees , forestry division employees, professional employees, technical employees, guards , and supervisors as defined in the Act. 5. The Board has considered the Regional Direc- tor's report, the Employer's exceptions thereto, and the entire record in this case and hereby adopts the Regional Director's findings , conclusions, and rec- ommendations , as further clarified below. The Regional Director found, inter alia, that 10 students employed during the 1972 summer vacation period were temporary employees and, as such, that they were not entitled to vote in the election of July 13, 1972. Accordingly, the Regional Director sus- tained the challenges to the ballots of these individu- als. The Employer contests the Regional Director's disposition of the challenges as to 7 of these 10 individuals on the ground that their employment could not properly be deemed to be temporary because they are still in the employ of the Employer. In support of its contention , the Employer has submitted an affidavit which purports to show that as of the date of the affidavit , October 4, 1972, the seven-named individuals have continued to work on a regular part-time basis. As indicated, supra, we have adopted the Regional Director's recommendation that the challenges to the ballots of the seven college students be sustained. The Regional Director predicated his recommenda- tion on the fact that the investigation failed to disclose that an understanding existed between the students and the Respondent-at the time of hire or at any time prior to the election held on July 13, 1972-that the students would continue their em- ployment on a regular part-time basis . In so finding, the Regional Director applied the appropriate Board standards. i One of the challenges sustained by the Regional Director was to a ruling by the Board agent conducting the election that a particular ballot was not clearly marked and therefore void. Although this determination that the ballot in question was valid changed the original tally of ballots, the Regional Director recommended that no revised tally of ballots be issued at this time in view of his overall finding that the challenged ballots could not affect the results of the election. 201 NLRB No. 109 832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We also find, contrary to the Employer's conten- tion, that the Regional Director's resolution of these challenged ballots in no way conflicts with our earlier determination in Georgia-Pacific Corporation, 195 NLRB No. 38. In that case, the Board was faced with the issue of determining the appropriate unit for purposes of a future election and, consistent with our established practice, we found that those student- employees who continued their employment on a regular part-time basis should be permitted to vote in the election which we had directed. Here, of course, the election has already been conducted and the evidence upon which the Employer would have us rely relates exclusively to events which have occurred subsequent to the date of the election. For very practical reasons, we cannot determine voter eligibili- ty on the basis of after-the-fact considerations. Rather, it is necessary that eligibility be fixed as of the date of the election. This is precisely the procedure that was followed by the Regional Director in determining the challenged ballots in this , In our opinion, the Employer 's exceptions raise no material or substantial issues of fact or law which would require a hearing in this proceeding. Chairman Miller joins the reasoning of the majority with respect to the ineligibility of the students on the basis of his dissenting view in Champion Farm Division, 193 NLRB No. 83 As these challenges were properly sustained , the challenges involving the two "scalers " could not affect the proceeding and, for the reasons indicated, we adopt these findings.2 Accordingly, as the tally of ballots shows that the Petitioner has received a majority of the valid ballots cast , we shall certify it as the exclusive bargaining representative for the Employees in the unit found appropriate. CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for Southern Council of Lumber and Plywood Workers, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor organization is the exclusive representative of all the employees in the unit found appropriate herein for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. results of the election, and Chairman Miller therefore finds it unnecessary to reach the issues raised with respect to the scalers ' eligibility Finally, Chairman Miller agrees with the Regional Director's overruling of employer Objection 5, but, in doing so, relies on the fact that the alleged threats were neither of a nature nor sufficiently widespread to create an atmosphere of fear and coercion which would warrant setting aside the election.