Midway Clover Farm Market, Inc.

National Labor Relations Board - Board Decisions

May 16, 1969

175 N.L.R.B. 1065 (N.L.R.B. 1969)

MIDWAY CLOVER FARM MARKET 1065
Midway Clover Farm Market , Inc. and
Amalgamated Food Employees Union Local 590,
Amalgamated Meat Cutters and Butcher
Workmen of North America, AFL-CIO,
Petitioner , and International Union of District 50,
United Mine Workers of America , Party in
Interest . Case 8-RC-6812
new election be conducted.' Accordingly, we shall
order that the election be set aside and shall direct
the Regional Director for Region 8 to direct an
election in the appropriate unit' when he is satisfied
that the effects of the unlawful assistance, restraint,
and coercion have been dissipated and determines
that a free and untrammeled election can be held.
May 16, 1969
SUPPLEMENTAL DECISION, ORDER,
AND DIRECTION OF SECOND
ELECTION
By CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND JENKINS
Pursuant to the Decision and Order issued by the
National Labor Relations Board on December 17,
1968, in the above-entitled proceeding , the Regional
Director for Region 8 opened and counted certain
challenged ballots, issued a revised tally of ballots,
and forwarded the revised tally to the Board for
further consideration . The revised tally shows that
of approximately 50 eligible voters, 46 cast ballots,
of which 20 were in favor of International Union of
District 50, United Mine Workers of America,
hereinafter referred to as International Union of
District 50, and 18 in favor of Amalgamated Food
Employees Union Local 590, Amalgamated Meat
Cutters and Butcher Workmen of North America,
AFL-CIO. In addition , there were 8 challenged
ballots, the challenges to which have been sustained.
In view of our findings in the related unfair labor
practice cases' that the Employer unlawfully assisted
International Union of District 50, we find that such
conduct was sufficiently prejudicial to the holding of
a fair election in the present case to require that a
'Midway Clover Farm Market, Inc, 175 NLRB No. 151
ORDER
It is hereby ordered that the election conducted
herein on September 13, 1967, be, and it hereby is,
set aside.
[Direction of Second Election' omitted from
publication.]
'Cf. Reliance Steel Products Company, 135 NLRB 730, enforcement
denied 322 F 2d 49, and Weather Seal Incorporated , 161 NLRB 1226,
1229, fn 9
'The following employees of the Employer constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act.
All full-time and regular part -time selling and nonselling employees at
the Employer ' s Wintersville , Ohio, store, including office clerical
employees , but excluding the store manager, assistant store manager, the
meat department manager, confidential employees , professional
employees , guards and supervisors as defined in the Act.
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc., 156 NLRB 1236, N L R B . v. Wyman-Gordon Company,
394 U S. 759 Accordingly, it is hereby directed that an election eligibility
list, containing the names and addresses of all the eligible voters , mast be
filed by the Employer with the Regional Director for Region 8 within 7
days after the date of issuance of the Notice of Second Election by the
Regional Director . The Regional Director shall make the list available to
all parties to the election No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed.
175 NLRB No. 152