Jerry Bielfield Co.

National Labor Relations Board - Board Decisions

Jan 31, 1974

208 N.L.R.B. 843 (N.L.R.B. 1974)

JERRY BIELFIELD CO. 843
Jerry Bielfield Company and Local 376. International
Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America , Petitioner.
Case 7-RC-1 1429
January 31, 1974
SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVE
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
Pursuant to a Decision and Order issued by the
Board on July 17, 1973, a rerun election was
conducted by secret ballot on September 12, 1973,
under the direction and the supervision of the
Regional Director for Region 7 among the employ-
ees in the appropriate unit. Upon the conclusion of
the second election the parties were furnished with a
tally of ballots which showed that of approximately
72 eligible voters, 59 votes were cast, of which 31
were cast for, and 23 were cast against, the Petitioner
and 5 ballots were challenged. The challenged ballots
were insufficient in number 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 Acting Regional
Director conducted an investigation and on October
25, 1973, issued and duly served on the parties his
Report and Recommendations on Objections, in
which he recommended that the objections be
I The Employer's Exceptions 3, 4, and 5 raise the contention that the
Stipulation for Certifict Lion Upon Concent Election, pursuant to which this
election was conducted, provides "said election shall be held in accordance
with the National Labor Relations Act, the Board's Rules and Regulations,
and the applicable procedures and policies of the Board"; that this language
incorporates by reference sec. 11326 5 of the NLRB Field Manual, which
states in pertinent part' There should be no 'organized ' electioneering along
the line of march between work place and polls, .. " and instruction 7 of
NLRB " lnctruction to Observers ," which provides that election observers
are not to "wear any indication of the organization which (they I represent
except the observer badge provided by the Board", that the above section
and instructions were material terms and conditions of the stipulation; and
that certain "electioneering" by Business Agent Calt, which was the subject
of Employer's Objection 2. and the wearing of prounion insigma at the
election by Petitioner 's observer which was the subject of Employer's
overruled and that a certification of representatives
be issued to the Petitioner. Thereafter, the Employer
filed exceptions and a brief in support thereof to the
Regional Director's report.
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 case to a three-member panel.
The Board has considered the Regional Director's
report and the Employers exceptions thereto, and
hereby adopts the Regional Director's findings and
recommendations.' Accordingly, as the tally of
ballots shows that the Petitioner has obtained a
majority of the valid ballots cast, we shall certify it as
the exclusive bargaining representative of the em-
ployees in the bargaining unit.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that Local 376, International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, has been selected and
designated by a majority of the employees of Jerry
Bielfield Company, Detroit, Michigan, in the unit
found appropriate as their representative for the
purpose of collective bargaining and that, pursuant
to Section 9(a) of the Act, as amended, the said labor
organization is the exclusive representative of all the
employees in such unit for the purposes of collective
bargaining with respect to rates of pay, wages, hours
of employment and other terms and conditions of
employment.
Objection 3. amounted to breach of material terms of the consent
agreement See Bremen Steel Company, 115 NLRB 247 . We construe the
general reference in the stipulation to Board Rules and Regulations.
procedures, and policies as encompassing the interpretations of applicable
law in prior Board decisions , since those decisions represent Board
"procedures and policies ." Thus, we must determine , in an election
conducted pursuant to a stipulation, whether alleged violations of our rules
or instructions are sufficiently material to warrant setting aside the election,
in precisely the same manner as we would in a Board -directed election, and
not in accord with some stricter or different standards . We therefore find
that the Regional Director has properly applied applicable Board precedent
in overruling the Employer's objections and that none of the Employer's
exceptions raise material or substantial issues of fact or law which would
warrant reversal of the Regional Director's ultimate findings and recom-
mendations , or require a hearing