Hollywood Citizen News

National Labor Relations Board - Board Decisions

Apr 9, 1954

108 N.L.R.B. 202 (N.L.R.B. 1954)

2 02 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
HOLLYWOOD CITIZEN NEWS and LOS ANGELES NEWS-
PAPER WEB PRINTING PRESSMEN ' S UNION NO. 18,
INTERNATIONAL PRINTING PRESSMEN'S & ASSISTANTS'
UNION OF NORTH AMERICA, AFL' and LOS ANGELES
STEREOTYPERS' UNION NO. 58,INTERNATIONAL STEREO-
TYPERS AND ELECTROTYPERS' UNION OF NORTH
AMERICA, AFL,' Petitioners. Cases Nos . 21-RC-3285 and
21-RC-3286. April 9, 1954
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Election of the
National Labor Relations Board , 3 dated November 19,• 1953,
a representation election was held on December 14, 1953,
among the employees of the Employer in the unit found appro-
priate . Upon completion of the election , all parties were fur-
nished a tally of ballots . The tally indicated that there were
19 ballots cast, of which 5 were cast for the Pressmen's Union,
3 were cast for the Stereotypers ' Union, 6 were cast against
both participating labor organizations , and 5 were challenged by
the Employer. As the challenged ballots were sufficient to
affect the result of the election , the Regional Director conducted
an investigation of the challenges , and thereafter , on January 12,
1954 , issued and served upon all parties his report on challenged
ballots, recommending that the challenges to 2 ballots be sus-
tained, and that the challenges to the other 3 ballots be over-
ruled . The Employer filed timely exceptions to this report.
The Board has considered the Regional Director ' s report on
challenged ballots and the Employer ' s exceptions thereto, and
hereby adopts the findings and recommendations of the Regional
Director.
The Challenged Ballots
Thomas Mc Quinn and Joseph G. Yates: The Regional Director
recommended that the challenges to the ballots of McQuinn and
Yates be sustained . There being no exception to this recom-
mendation , it is hereby adopted.
H. V. Truelson, R. V. Cooper, and M . Katz : On the basis of
the Employer' s records, the Regiona irector found that
Truelson since March 1953, and Cooper and Katz since June
1953, have been employed part time by the Employer. They are
scheduled to, and do, work every Wednesday unless otherwise
notified . They have also been employed on other days depending
on the Employer' s need for their services . The Regional
Director recommended that the challenges to their ballots be
overruled on the ground that they are regular part-time
t Herein called Pressmen 's Union.
2 Herein called Stereotypers ' Union.
3 107 NLRB No. 40.
MERIDIAN PLASTICS, INC. 203
employees with a substantial interest in the wages , hours, and
conditions of employment in the unit.
The Employer excepted to this recommendation , contending,
in effect , that these employees are ineligible to vote in the
election because they do not have a substantial " interest in
the Employer's operation." We find no merit in these excep-
tions. Like the Regional Director, we find that the test of
eligibility to vote in an election is whether the employees in
question are regular part-time employees with a substantial
interest in the wages , hours, and conditions of employment in
the unit. We are satisfied that this test has been met in this
case. Accordingly , we adopt the recommendations of the Re-
gional Director to overrule the challenges to the ballots of
Truelson , Cooper, and Katz.4
Inasmuch as the ballots of Truelson , Cooper, and Katz may
be determinative of the results of the election , we shall direct
that they be opened and counted.
[The Board directed that the Regional Director for the Twenty-
first Region shall, pursuant to the Rules and Regulations
of the Board, within ten (10) days from the date of this Direc-
tion, open and count the ballots of H. V. Truelson, R. V.
Cooper, and M. Katz and serve uponthe parties a supplemental
tally of ballots.]
Member Beeson took no part in the consideration of the above
Supplemental Decision and Direction.
4Cutter Laboratories, 98 NLRB 414; Van Schaak Co., 95 NLRB 1028; Worden-Allen Co.,
99 NLRB 410; and Evening News Publishing Co.. 93 NLRB 1355.
MERIDIAN PLASTICS, INC., Petitioner and UNITED STEEL-
WORKERS OF AMERICA, CIO.' Case No. 8-RM-100. April
9, 1954
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 ( c) of the National
Labor Relations Act, a hearing was held before Paul Weingarten,
hearing officer . The hearing officer ' s rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.2
1 Appearing on behalf of its Local 4607; the Local's collective-bargaining contract with the
Employer expired on October 15, 1953.
2 The hearing officer referred to the Board the Union's motion to stay the hearing in this
case based upon the pendency before the Board of charges in two unfair labor practice
proceedings involving the Employer and the Union. Subsequent to the hearing, the Union,
in its brief, requested that further proceedings herein be stayed pending final disposition
of the said unfair labor practice charges. The Board's records show that at the time of
the hearing the Regional Director had dismissed both of the charges and that the General
108 NLRB No. 47.