Answerphone Co. of Brooklyn and Queens, Inc.Download PDFNational Labor Relations Board - Board DecisionsMar 29, 1957117 N.L.R.B. 950 (N.L.R.B. 1957) Copy Citation 950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director conducting the election is hereby instructed to issue a certification of representatives to such union for such unit. On the other hand, if a majority of the employees in voting group (a) do not vote for the Tool Craftsmen, they will appropriately be included in the production and maintenance unit and their votes will be pooled with those voting in group (b),7 and the Regional Director conducting the election is instructed to issue a certification of representatives to the labor organization selected by a majority of the employees in the pooled group, which the Board in such circum- stances finds to be a single unit appropriate for purposes of collective bargaining. 5. It appears that the Employer, at the time of the hearing, expected to increase its complement of production and maintenance employees from 800 to 1,320 by the end of March. Approximately 200 tool and die employees were to be added by that date. Although, as of the time of the hearing, several job classifications were not filled permanently, most of these were being filled temporarily by employees in related classifications. As the present work force is representative and as the election herein will be held at or about the time when the Employer has virtually completed its hiring program, we shall direct an im- mediate election. [Text of Direction of Elections omitted from publication.] T If the votes are pooled, they are to be tallied by counting votes for the Tool Craftsmen as valid votes cast, but neither for nor against the union seeking to represent the more comprehensive unit ; all other votes are to be accorded their face value, whether for representation by the union seeking the comprehensive unit or for no union. Answerphone Co. of Brooklyn and Queens , Inc. and United Tele- phone Answering and Communications Service Union, Local 780, RWDSU, AFL-CIO, Petitioner. Case No. 2RC-8441. March 29, 1957 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John J. Carmody, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 117 NLRB No. 138. F. J. STOKES CORPORATION 951 3. At the hearing, the Intervenor, Local 102, Bakery and Confec- tionery Workers Union, AFL-CIO, moved to dismiss the petition on the ground that the Petitioner's authorization cards submitted in sup- port of the petition were tainted by the Employer's unlawful assistance to the Petitioner. On February 28, 1957, the Board issued a notice to show cause why the petition should not be dismissed. On the re- turn date of March 12, 1957, the Petitioner responded to the notice to show cause and submitted proof of the validity of its showing of interest. On the basis of the Petitioner's response, we are satisfied that the Petitioner has an adequate and valid showing of interest to sup- port its petition and that a question affecting commerce exists con- cerning the representation of employees of the Employer within Sec- tion 9 (c) (1) and Section 2 (6) and (7) of the Act. Accordingly, the Intervenor's motion to dismiss the petition herein is denied.' 4. In agreement with the parties, we find that all telephone operators at the Employer's establishment in New York, New York, excluding chief operators, office employees, guards, watchmen, and all supervi- sors as defined in the Act, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] MEMBER RODGERS took no part in the consideration of the above De- cision and Direction of Election. IIn view of our decision herein , we hereby dismiss the Petitioner 's petition filed in Case No. 2-RC-8745 on march 8, 1957. F. J. Stokes Corporation and United Steelworkers of America, AFL-CIO , Petitioner. Case No. 4-RC-3119. March 09, 1957 DECISION AND DIRECTION Pursuant to a stipulation for certification upon consent election exe- cuted by the parties on August 21, 1956, an election was conducted on September 7,1956, under the direction and supervision of the Regional Director for the Fourth Region, among employees of the Employer in the unit found appropriate herein. At the close of the election, a tally of ballots was furnished each of the parties in accordance with the Board's Rules and Regulations. The tally showed that of approxi- mately 560 eligible voters, 272 cast ballots for the Petitioner, and 268 cast ballots against the Petitioner. There were 4 void ballots and 4 challenged ballots. On September 11 and 12, 1956, the Petitioner and the Employer, respectively, filed timely objections to the conduct of the election. On 117 NLRB No. 131. Copy with citationCopy as parenthetical citation