NHE/Rochester

National Labor Relations Board - Board DecisionsFeb 8, 1979

240 N.L.R.B. 653 (N.L.R.B. 1979)

NHE/ROCHESTER 653 NHE/Minnesota d/b/a NHE/Rochester and Hotel. Hospital, Restaurant and Tavern Employees Union Local 21, AFL-CIO. Petitioner. Case 18 RC- 11663 FebruarN 8. 1979 ORDER DIRECTING HEARING BY CHAIRMAN FANNIN; ANl) M[lMBLIRS P:N.to() AND TRtI SD)AI Pursuant to authority granted it b the National Labor Relations Board under Section 3(b) of the Na- tional Labor Relations Act, as amended, a three- member panel has considered the objections to an election held on March 3. 19781, and the Regional Director's report recommending disposition of same. The Board has reviewed the record in light of the exceptions and brief, and hereby adopts the Regional Director's findings and conclusions except as to the findings made with respect to evidence brought for- ward during the course of the investigation of the Petitioner's objections indicating that the Employer may have overstated the salary and retirement bene- fits of Petitioner's business agent Emery Jackson.2 The Board is of the opinion that the issues raised b this evidence and the Petitioner's exceptions to the Regional Director's report can best be resolved bh a hearing. It is hereby ordered that a hearing be held before a duly designated Hearing Officer for the purpose of receiving evidence with respect to the issues raised bh the above-described objection. I he election as cnducted pursu.iant i a Stipulation for ( ertil.itaon L pon ( nsienl Election I he ill was 31) for,. and 38 aigainht. the Pelilioncr there eAcre no chiallenged hballot ? In oerruling he objection he Regional I)irecir peciflcalIx relied on Shopping Aart Fo,.J I.rkAet, I . 228 I RB 1311 (1977) tiih eerh y-/7. pitrlg AIr wars reLentl x oerruled h thle BoaJrd in (;cncrai l ,niit. ( . 1 Inc. 239 NLRB 619 (1978). In directing a hearing. Chairman Faning and Member Iruerdale are of the leu that the present record irt stIllfl cil upon hich to render a dctlxlon pursuant i) the principlc, set forth ill 240 NLRB ANo. 9 240 NLRB No. 95 11 Is FLRTIIFR ORI)ERLI) that the Hearing Officer designated for the purpose of conducting such hear- ing shall prepare and cause to be served on the par- ties a report containing resolutions of credibilit of witnesses, findings of fact, and recommendations to the Board as to the disposition of said ohjection. Within the time prescribed b the Board's Rules and Regulations. any party may file with the Board in Washington, D.C.. eight copies of exceptions thereto. Immediately upon the filing of such exceptions. the party filing the same shall serve a cop5 thereof on each of the other parties and shall file a copn with the Regional Director. If no exceptions are filed thereto. the Board will adopt the recommendations of the tlearinm Officer. Ii IS I I R 111 R O()RRI) D that the above-entitled pro- ceeding be. and it hereby is, referred to the Regional Director for Region 18 for the purpose of arranging such hearing. and that the said Regional Director be. and he hereby is. authorized to issue notice thereof. Ml \ri R Pi tlI o. dissenting: I would not remand this case for a hearing but would accept the recommendation of the Reiional Director that the objections be overruled in their en- tiret . The mployer's possible overstatement of the salars and retirement benefits of the Petitioner's business argent was not specificall 5 alleged in a timely filed. written objection. In accord with the principles expressed in m dissenting opinion in Davtorn ire & Rubbecr (Co.. 234 NL RB 504 (1978). 1 find no justifica- tion here for ordering an evidentiary hearing. More- over, assuming the truth of the matters now alleged. I find no grounds for setting aside the election on the basis of these supposed misrepresentations. As I not- ed in m dissenting opinion in (;Gerall Knit of (a/i- ;,'rnia, /nc., 239 NLRB 619 (1978) 1 adhere to the sound principles of Shopping Krt Food ;Market. Inc., 228 NI.RB 1311 (1977). 1 find that the Regional Di- rector properly applied Shopping Krl. supra. in rec- omnienldin that this objection be overruled. Accord- ingl. I would overrule the Petitioner's objections and certif\ the results of the election. NHEi ROCHESTER