The Abbot Laboratories, Inc.

National Labor Relations Board - Board Decisions

Aug 7, 1946

69 N.L.R.B. 1290 (N.L.R.B. 1946)

In the Matter of THE ABBOTT LABORATORIES , INO. and DRUG TRADE
SALESMEN 'S UNION, CIO
Case No. 2-8-6158
SUPPLEMENTAL DECISION
AND
DIRECTION
August 7, 1946
On May 8, 1946, pursuant to the Decision and Direction of Election
issued by the Board herein on April 22, 1946,1 an election by secret
ballot was conducted under the direction and supervision of the
Regional Director for the Second Region, New York City. Upon
conclusion of the election, a Tally of Ballots was furnished the parties
in accordance with the Rules and Regulations of the Board.
The Tally indicated that out of approximately 27 eligible voters,
25 cast valid ballots, of which 13 were for the Petitioner and 12 were
for no union. The Petitioner challenged the ballot of one Hayden
Raabe. No objections to the election were filed.
Inasmuch as the challenged ballot may affect the outcome of the
election, the Regional Director duly investigated the challenge and
on July 8, 1946, acting pursuant to Article III, Section 10, of National
Labor Relations Board Rules and Regulations, Series 3 as amended,
issued and duly served on the parties a Report on Challenge, in which
he found that Raabe was eligible to participate in the election, and
recommended that the challenge to his ballot be overruled. On July
17, 1946, the Petitioner filed exceptions and objections to the Regional
Director's Report, and on July 19, 1'946, the Employer made reply
to the Petitioner's exceptions and objections.
The Petitioner contends in its exceptions to the Regional Director's
Report that Raabe, since about January 1946, has been employed
in a position which is not within the unit found appropriate by the
Board. At the hearing on March 14, 1946, specific inquiry was made
by the Petitioner as to Raabe's status, and the Employer's New York
167 N. L. R. B. 561.
69 N. L. R. B., No. 157.
1290
THE ABBOTT LABORATORIES , INC. 1291
branch manager testified without contradiction that Raabe's position
was not substantially different from those of the other sales representa-
tives who comprise the unit. In view of this evidence, it is clear that
the Board intended to include Raabe within the unit, although he was
not specifically named in the Decision . The Petitioner now requests
that the Board hold a hearing so as to enable it, in effect , to contradict
the testimony which it had a sufficient opportunity to refute at the
original hearing. In the interest of orderly and expeditious procedure,
we must decline to grant this request. For this reason and the other
reasons set forth in the Regional Director's Report, we hereby over-
rule the challenge, and shall direct that the ballot of Hayden Raabe
be opened and counted.
As part of the investigation to ascertain representatives for the pur-
pose of collective bargaining with The Abbott Laboratories, Inc., New
York City, the Regional Director for the Second Region shall, pur-
suant to the Rules and Regulations of the Board and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, within ten (10)
days from the date of this Direction open and count the ballot of
Hayden Raabe, and upon the conclusion of this count, shall cause to
be furnished to the parties in this proceeding a Supplemental Tally of
Ballots.
MR. JoHN M. HousToN took no part in the consideration of the above
Supplemental Decision and Direction.