Grants Furniture Plaza, Inc. of Stuart, Fla.Download PDFNational Labor Relations Board - Board DecisionsSep 20, 1974213 N.L.R.B. 413 (N.L.R.B. 1974) Copy Citation GRANTS FURNITURE PLAZA, INC. Grants Furniture Plaza , Inc. of Stuart , Fla. and Freight Drivers, Warehousemen and Helpers , Local Union No. 390 , an affiliate of the International Brother- hood of Teamsters, Chauffeurs , Warehousemen and Helpers of America , Petitioner. Case 12-RC-4400 September 20, 1974 DECISION ON REVIEW AND CERTIFICATION OF REPRESENTATIVE On September 19, 1973, the Acting Regional Direc- tor for Region 12 issued a Decision and Direction of Election in the above-entitled proceeding in which he directed an election in the appropriate bargaining unit.' The Acting Regional Director also stated that the Employer had attempted at the hearing to seek evidence with respect to whether the Petitioner dis- criminates on the basis of race, sex, or national origin. In his Decision and Direction of Election, the Acting Regional Director instructed the Employer that "this issue may be more appropriately raised in the Board's post election procedures as an objection to certifica- tion, if warranted." On October 19, 1973, the election was held; seven of the nine eligible voters cast ballots, three were for the Petitioner and three against, with one challenged ballot. On October 26, 1973, the Employer filed objections to the conduct affecting the results of the election. However, the Employer did not include any objec- tions with respect to the above-mentioned allegation of discrimination.' Thereafter, on November 14, 1973, the Regional Director overruled the objections, and the challenged ballot was ordered opened and count- ed. The revised tally of ballots was issued on Novem- ber 20, 1973. The tally showed that Petitioner had received a majority of the ballots cast. On November 26, 1973, the Employer again filed objections to the conduct affecting the results of the election. Employer argued, inter alia, that the Peti- tioner should be barred from utilizing the Board's processes because of its unlawful discriminatory prac- tices. Thereafter, on December 7, 1973, the Regional Director issued his Second Supplemental Decision, Order, and Certification of Representative. The deci- sion overruled the Employer's objections on the grounds that they were untimely filed. On December 18, 1973, the Employer filed a re- ' All full-time and regular part- time warehouse employees , drivers and driver helpers, repair service assistants , and housekeepers employed by Grants Furniture Plaza, Inc. of Stuart , Fla.; but excluding sales employees, office clerical employees , guards and supervisors as defined in the Act. 2 See Bekins Moving & Storage Co. ofFlorida, Inc., 211 NLRB No. 7 (1974), where the proper procedure for raising the issue of invidious discrimination in a precertification representation case is set forth. 413 quest for review with the Board in accordance with Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended. By telegraphic order dated January 11, 1974, review was granted. The Board has considered the entire record in this case with respect to the issues under review and finds as follows: 1. The record shows that on September 19, 1973, the Acting Regional Director in his Decision and Di- rection of Election instructed the Employer that it could raise the issue of invidious discrimination as an objection to certification after the election. As stated above, the election washeld, but it was not determina- tive. A revised tally of ballots, indicating that the Peti- tioner had won the election, was issued on November 20, 1973. Employer then filed its objections to certifi- cation. The Regional Director stated that only one of the objections, which pertained to the opening and counting of the challenged ballot, came within the purview of Section 102.69(h) of the Rules and Regula- tions. Accordingly, the Regional Director concluded that the objections which alleged discrimination on the basis of race, sex, and national origin were untime- ly filed, and therefore overruled. We disagree. Section 102.69(h) states that objections to a revised tally must be filed within 3 days of the issuance of the revised tally. Moreover, the objections must involve only those circumstances leading up to and surround- ing the revised count, not those circumstances sur- rounding the election itself. Nevertheless, the Acting Regional Director had specifically instructed the Employer to file the objec- tions based on discrimination as "objections to certifi- cation." But for this specific instruction, the issue would be considered untimely. However, in light of the fact that our decision in Bekins Moving & Storage had not issued at the time, the Acting Regional Director's specific instruction, and the fact that certi- fication was not in issue until the revised tally was released, we find that the discrimination issues were timely raised in this case. 2. In the Employer's objections to the conduct af- fecting the election, it argues, inter alia, that the Peti- tioner is guilty of "an established pattern and practice of discriminatory employment." This contention and the related allegations were raised by the same Em- ployer against the same labor organization in Grants Furniture Plaza, Inc. of West Palm Beach, Fla., Case 12-RC-4396, 213 NLRB No. 80, issued today. Ac- cordingly, for the reasons set forth in that decision, we overrule the Employer's objections, and we shall certi- fy the Petitioner as the collective-bargaining represen- tative of the employees in the unit found appropriate. 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for Freight Drivers, Ware- housemen and Helpers , Local Union No. 390, an af- filiate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor orga- nization is the exclusive representative of all the em- ployees 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. MEMBER KENNEDY , concurring: I agree that the Employer 's objections to the elec- tion should be overruled and a Certification of Repre- sentative should be issued for the same reasons as set forth in my concurrence in Grants Furniture Plaza, . Inc. of West Palm Beach, Fla., Case 12-RC-4396, 213 NLRB No. 80 , issued today. MEMBERS FANNING and PENELLO , concurring: We concur in the results for the reasons set forth in our concurrence in Grants Furniture Plaza, Inc. of West Palm Beach, Fla., Case 12-RC-4396, 213 NLRB No. 80, issued today. Copy with citationCopy as parenthetical citation