W. Shanhouse Sons, Inc.

National Labor Relations Board - Board Decisions

May 23, 1952

99 N.L.R.B. 267 (N.L.R.B. 1952)

W. SHANHOUSE SONS, INC. 267
2.' By interfering with, restraining, and coercing its employees in the exercise
of the rights guaranteed in Section 7 of the Act, the Respondent has engaged
in and is engaging in unfair labor practices within the meaning of Section 8
(a) (1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices affecting
commerce, within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication in this volume.]
W. SHANHOUSE SONS, INC. and UNITED GARMENT WORKERS OF
AMERICA, AFL, PETITIONER
W. SHANHOUSE SONS, INC. and AMALGAMATED CLOTHING WORKERS OF
AMERICA, CIO, PETITIONER. Cases Nos. 15-RC-627 and 15-RC-
649. May 23, 1952
Supplemental Decision and Direction
Pursuant to a Decision and Direction of Election," an election by
secret ballot was held on April 1, 1952, under the direction and super-
vision of the Regional Director for the Fifteenth Region among the
employees of the Employer in the unit found appropriate. At the
close of the election, the parties were furnished a tally of ballots. The
tally shows that there were approximately 77 eligible voters and that
72 ballots were cast, of which 36 were for the Amalgamated Clothing
Workers of America, CIO, herein called the Amalgamated, none for
the United Garment Workers of America, AFL, herein called the
Garment Workers, 35 against the participating labor organizations,
and 1 ballot was challenged.
As the challenged ballot was sufficient in number to affect the re-
sults of the election, the Regional Director investigated the challenge,
and on April 16, 1952, issued and duly served upon the parties his
report on challenged ballot.
The Regional Director's report reveals that the challenged ballot
was cast by employee Patsy Peace, who was employed from September
12, 1951, until March 14, 1952, as a sewing machine operator, a classi-
fication falling within the appropriate unit. On March 14, 1952,
Peace was transferred to a clerical classification on a 30-day proba-
tional basis. It was clearly understood that Peace would decide
during this 30-day period whether she wished to remain in the office
or return to the job of sewing machine operator; and the office man-
ager of the Employer also reserved decision during this period as to
whether Peace was satisfactory as an office employee. At the time of
the election, neither Peace nor the Employer had resolved the question
of her probational status.
1 Not reported.
99 NLRB No. 52.
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director, upon the ground that Peace had regular
status as a sewing machine operator during the eligibility period of
the election, and was only on trial as a clerical, recommended that
the challenge to her ballot be overruled. No exceptions were filed by
the Amalgamated or the Garment Workers. Although the Employer
filed a document entitled "Exceptions to Report on Challenged
Ballot," it took no exception to the Regional Director's recommenda-
tion, but merely "excepted" to the omission in the Regional Director's
report of the alleged fact that Peace, subsequent to the election, on
April 10, 1952, chose to retain her job of sewing machine operator.
The Board,2 having duly considered the entire record with respect
to the challenged ballot, finds merit in the Regional Director's recom-
mendation. Moreover, there are actually no exceptions to such recom-
mendation. Accordingly, we shall overrule the challenge to the ballot
cast by employee Peace and direct that the ballot be opened and
counted.
Direction
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with W. Shanhouse Sons, Inc.,
Magnolia, Arkansas, the Regional Director for the Fifteenth Region
shall, pursuant to National Labor Relations Board Rules and Regula-
tions, within ten (10) days from the date of this Direction open and
count the ballot of Patsy Peace and thereafter prepare and cause to
be served upon the parties a supplemental tally of ballots, including
therein the count of the challenged ballot.
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this proceeding to a three -member panel [ Members Houston,
Murdock , and Styles].
SOCONY VACUUM OIL COMPANY , INCORPORATED and OIL WORKERS
INTERNATIONAL UNION , CIO, PETITIONER
SOCONY VACUUM OIL COMPANY, INCORPORATED and JAMES THATCHER,
PETITIONER . Cases Nos . 14-RC-1776, 14-RC-1777, 14-RC-1778,
and 14-RD-55. May 26, 1952
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Benjamin E.
Cook, hearing officer. The hearing officer 's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
99 NLRB No. 58.