Rival Foods, Inc.

National Labor Relations Board - Board Decisions

Feb 7, 1947

72 N.L.R.B. 492 (N.L.R.B. 1947)

In the Matter of RIVAL FOODS, INC. and INTERN ATIONAL BROTRERIIOOD•
OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, LOCAL UNION No. 633, AFL
Case No. 1-8-5176
SUPPLEMENTAL DECISION
AND
DIRECTION
February 7, 1947
On November 8, 1946, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.;
Pursuant to the Direction of Election, an election by secret ballot was
conducted among the employees in the appropriate unit on December
6, 1946, under the direction and supervision of the Regional Director
for the First Region (Boston, Massachusetts). Upon the conclusion
of the election, a Tally of Ballots was furnished the parties in accord-
ance with the Rules and Regulations of the Board. -
The Tally shows that there were approximately 15 eligible voters
and that 14 ballots were cast, of which 7 were for International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, Local Union No. 633, AFL, hereinafter referred to as the
Petitioner, 6 were against the Petitioner, and 1 was challenged. The
challenged ballot, that of Stanley Parmley, was sufficient to affect the
results of the election. Thereafter, on December 19, 1946, the Regional
Director, following an investigation, issued and duly served upon the
parties a Report on Challenged Ballot, recommending that the
challenge to the ballot be overruled and that the ballot be opened and
counted. The Petitioner has filed exceptions to the Report on Chal-
lenged Ballot, and the Employer has filed a reply to the exceptions.
We have considered the Report on Challenged Ballot, the exceptions
thereto, and the Reply to the Exceptions and we find as follows :
Of the Petitioner's exceptions herein to the Regional Director's
recommendation with respect to the challenged ballot, only one is
addressed to the recommendation on the merits. The Petitioner urges
therein that, at the time of the election, Parmley was not a regular
'71N L R B 622
72 N L R B., No. 88
492
RIVAL FOODS, INC. 493,
employee and was therefore ineligible to vote. The Regional Director
reports that Parmley was first employed by the Employer during the
pay-roll period used to determine eligibility to vote in the election, that
he worked full time during the 4 remaining work days of that pay-roll
period, and has worked on a full-time basis ever since. The Petitioner
does not dispute these facts.
Although the Petitioner adverts, in support of its position as to,
the status of Parmley, to a contract between a sister local and the
Employer at another plant and to other contracts in the area involv-
ing Employers with similar operations, those contracts are clearly not
controlling herein.
We are persuaded, on all the facts, that Parmley was hired by the,
Employer as a full-time regular employee and that, having worked
during the eligibility pay-roll period in a category embraced in the
appropriate unit, he was eligible to vote in the election.
In view of the foregoing and inasmuch as we find no merit in the,
other exceptions, we shall, in accordance with the recommendation
of the Regional Director, overrule the challenge to the ballot of
Stanley Parmley, and direct that it be opened and counted.
DIRECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Rival Foods, Inc., P ortsmouth,,
New Hampshire, the Regional Director for the First Region shall,,
pursuant to the Rules and Regulations of the Board , within ten (10)
days from the date of this Direction, open and count the challenged
ballot of Stanley Parmley, and shall thereafter prepare and cause
to be served upon the parties in this proceeding a Second Supplemental
Tally of Ballots.