Herpolsheimer Co.

National Labor Relations Board - Board Decisions

Mar 9, 1953

103 N.L.R.B. 413 (N.L.R.B. 1953)

HERPOLSHEIMER COMPANY 413
ployees, whatever the date of the election, we will direct an election in
this proceeding on a date when a representative number of employees
are determined by the Regional Director to be actually employed
by the Employer .9
[Text of Amended Direction of Election omitted from publica-
tion in this volume.]
9 See : Evan Hall Sugar Cooperative , Inc., WV NLRB 12,58 ; San Joaquin Compress and
Warehouse Company, supra.
HERPOLSHEIMER COMPANY and RETAIL CLERKS UNION, LOCAL 1682,
RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER.
Case No. 7-RC-1863. March 9,1953
Supplemental Decision and Certification of Results of Election
On October 9, 1952, the Board 1 issued a Decision and Direction
of Election in the above-entitled proceeding? Thereafter, and pur-
suant thereto, the Regional Director for the Seventh Region, on No-
vember 3, 1952, conducted an election by secret ballot among certain
employees of the Employer. Upon the conclusion of the election,
a tally of ballots was furnished the parties in accordance with the
Rules and Regulations of the Board.
The tally shows that of approximately 422 eligible voters, 405 cast
ballots, of which 125 were for the Petitioner and 253 were against
the Petitioner. There were 27 challenged ballots. The challenges
are not sufficient in number to affect the results of the election.
Thereafter, on November 6, 1952, the Petitioner filed timely objec-
tions to the conduct of the election, alleging that (1) the Employer
by the sending of a letter to all employees intimidated and coerced
the employees; (2) the Employer relegated certain employees to reg-
ular part-time status and increased their wages after the filing of
the petition; and (3) the Employer included a number of ineligible
persons on the eligibility list.
Thereafter, on January 21, 1953, the Regional Director, having
conducted an investigation, issued his report on objections. In his
report, the Regional Director found no merit in the Petitioner's
objections of November 6, 1952, and recommended that they be over-
ruled. No exceptions have been filed by either of the parties to the
Regional Director's findings and recommendations with respect to
3 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with the supplemental proceedings in this case to a three -member
panel [Chairman Herzog and Members Styles and Peterson].
2 100 NLRB 1452.
103 NLRB No. 19.
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these objections. Accordingly, we adopt the findings and recom-
mendations of the Regional Director and overrule these objections.
The Regional Director, however, included in his report certain
findings and recommendations with respect to a fourth objection
raised by the Petitioner on November 17, 1952, after the period for
filing objections had closed. The Regional Director found that the
fourth objection raised substantial and material issues with respect
to the conduct of the election and recommended that the election be
set aside.
Thereafter, on January 30, 1953, the Employer filed exceptions
to the Regional Director's report, alleging, inter alia, that the fourth
objection of the Petitioner was not timely presented. We agree, and
find, therefore, that the fourth objection was not properly within
the scope of the Regional Director's investigation and report 3
We make no findings on the merits of this objection. Accordingly,
the Employer's exceptions to the fourth objection are hereby sustained.
As the Petitioner failed to secure a majority of the valid ballots
cast , we shall certify the results of the election.
Certification of Results of Election
IT IS HEREBY CERTIFIED that a majority of the valid ballots has not
been cast for Retail Clerks Union, Local 1682, Retail Clerks Inter-
national Association, AFL, and that the said labor organization is
not the exclusive representative of the employees of the Employer
in the unit heretofore found by the Board to be appropriate, within
the meaning of Section 9 (a) of the National Labor Relations Act.
6 Safety Motor Transit Corporation, 83 NLRB 892.
Moss PLANING MILL Co. and INTERNATIONAL WOODWORKERS OF
AMERICA, CIO. Case. No. 11-CA-308 (formerly 34-CA 308).
March 10, 1953
Decision and Order
On April 29, 1952, Trial Examiner Stephen S. Bean issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices in violation of Section 8 (a) (1) and (3) of the Labor
Management Relations Act, as amended, and recommending that the
Respondent cease and desist therefrom and take certain affirmative
action, as set forth in the copy of the Intermediate Report attached
hereto. The Trial Examiner also found that the Respondent had not
engaged in certain other unfair labor practices in violation of Section
103 NLRB No. 61.