Sacramento Steel & Supply

National Labor Relations Board - Board Decisions

Feb 28, 1994

313 N.L.R.B. 730 (N.L.R.B. 1994)

730
313 NLRB No. 122
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 All subsequent dates, unless otherwise noted, are in 1993.
2 The Regional Office on October 13 sent a letter to the Employer
informing it of its obligation to submit its evidence in support of its
objection by October 21. The Employer asserts, however, that it did
not receive the letter.
3 The affidavits submitted to the Region by the Employer are dated
prior to the October 21 deadline, as well as the October 19 telephone
conversation.
Specialty Steel Service Company, Inc. d/b/a Sac-
ramento Steel & Supply, Inc. and Iron Work-
ers, Shopmen’s Local 790, International Asso-
ciation of Bridge, Structural and Ornamental
Iron Workers, AFL–CIO, Petitioner. Case 20–
RC–16959
February 28, 1994
DECISION AND ORDER REMANDING
BY CHAIRMAN STEPHENS AND MEMBERS
DEVANEY AND TRUESDALE
The National Labor Relations Board has considered
an objection to an election held October 7, 1993,1 and
the Regional Director’s report recommending disposi-
tion of it. The election was conducted pursuant to a
Stipulated Election Agreement. The tally of ballots
shows eight for and five against the Petitioner, with no
challenged ballots.
The Board has reviewed the record in light of the
Employer’s exceptions and brief, and has adopted the
Regional Director’s findings and recommendations
only to the extent consistent with this Decision and
Order.
We find merit in the Employer’s exceptions to the
Regional Director’s recommendation to overrule the
Employer’s objection for failure to timely submit sup-
porting evidence. Section 102.69(a) of the Board’s
Rules and Regulations provides that the objecting party
must submit supporting evidence 7 days after the last
date on which objections could be timely filed, which
in this case was October 21. It is undisputed that the
Employer did not submit its evidence in writing to the
Regional Office until October 22. The Employer con-
tends, however, that it satisfied its burden to produce
evidence by ‘‘presenting’’ its evidence in an October
19 telephone conversation with a Board agent inves-
tigating a concurrent unfair labor practice case. The
Employer asserts that it informed the Board agent that
the same evidence supported both its objection to the
election and the concurrent unfair labor practice charge
and that the Board agent indicated that she would be
interviewing the employees specified by the Employer
in the conversation. The Board agent did not inform
the Employer that it had to submit its evidence in writ-
ing before October 21.2 A different Board agent tele-
phoned the Employer on October 22 and informed it
that its evidence was late, and the Employer ‘‘faxed’’
its evidence to the Regional Office that day.3
In the particular circumstances of this case, and es-
pecially given that the Employer may have been inad-
vertently misled by the Board agent in their October
19 conversation, and noting that Section 102.69(a) of
the Board’s Rules and Regulations affords the Re-
gional Director some discretion in extending the time
for the submission of evidence in support of objec-
tions, we agree with the Employer that its evidence
presented in support of the objection should be consid-
ered. Accordingly, we shall remand the objection to
the Regional Director for an investigation or hearing,
as he deems appropriate.
ORDER
It is ordered that this case is remanded to the Re-
gional Director for a supplemental report on the Em-
ployer’s objection which may, at the Regional Direc-
tor’s discretion, be based on an investigation or a hear-
ing. This supplemental report shall contain rec-
ommendations concerning whether the alleged conduct
by employee Underwood constitutes conduct warrant-
ing the setting aside of the election.
IT IS FURTHER ORDERED that this case is referred to
the Regional Director for Region 20 for the purpose of
conducting the investigation or hearing as he may find
necessary, and that the Regional Director is authorized
to issue notice of any hearing.