Grants Furniture Plaza, Inc. of Stuart, Fla.

National Labor Relations Board - Board Decisions

Sep 20, 1974

213 N.L.R.B. 413 (N.L.R.B. 1974)

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.