Electro Cube, Inc.

National Labor Relations Board - Board Decisions

Oct 4, 1972

199 N.L.R.B. 504 (N.L.R.B. 1972)

504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Electro Cube, Inc. and Van Storage, Drivers, Packers,
Warehousemen & Helpers, Local 389, International
Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America , Petitioner. Case 21-
RC-12609
October 4, 1972
DECISION AND CERTIFICATION OF
REPRESENTATIVE
By CHAIRMAN MILLER AND MEMBERS FANNING AND
JENKINS
Pursuant to a Stipulation for Certification Upon
Consent Election executed by the parties on April 5,
1972, an election by secret ballot was held on May 4,
1972, under the direction and supervision of the Re-
gional Director for Region 21, among the employees
in the bargaining unit set forth in the stipulation. At
the conclusion of the election, the parties were fur-
nished a tally of ballots, which showed that, of ap-
proximately 60 eleigible voters, 59 cast ballots, of
which 31 were for the Petitioner, 28 against the Peti-
tioner, and 0 were challenged. Thereafter, the Em-
ployer filed timely objections to conduct affecting the
results of the election.
Pursuant to the National Labor Relations Board
Rules and Regulations and Statements of Procedure,
Series 8, as amended, the Acting Regional Director
for Region 21 conducted an and, on June 22, 1972,
issued and duly served on the parties his Report on
Objections, in which he recommended that the objec-
tions be overruled in their entirety and that the Peti-
tioner be certified as bargaining representative of the
employees involved. Thereafter, the Employer filed
timely exceptions to the Regional Director's report.
Pursuant to the provisions of Secion 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the poli-
cies of the Act to assert jurisdiction herein.
2. The Petioner is a labor organization which
claims to represent certain employees of the Employ-
er.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees of the Employer constitute a unit
appropriate for the purpose of collective bargaining
within the meaning of the Act:
All production and maintenance employees and
shipping and receiving employees, excluding all
other employees, office clerical employees,
guards, professional employees and supervisors
as defined in the Act, located at 1710 South Del
Mar Avenue, San Gabriel, California.
5. The Board has considered the Regional Di-
rector's report and the Employer's exceptions thereto,
and as the exceptions raise no material or substantial
issues of fact or law which would warrant reversal or
require a hearing, we hereby adopt the Regional
Director's findings and recommendations. In concur-
ring with the Regional Director that Objection 1 does
not raise any such substantial or material issues, we
do not rely solely on the fact that no evidence has
been submitted or discovered as to Petitioner's re-
sponsibility for the posting of a "Vote Teamsters" sign
near the Board's directional sign pointing the way to
the polls on election day. We also rely on the facts that
the sign was some 40 feet distant from the polling
area, that there is no evidence that any partisan prop-
aganda was permitted in the polling area supervised
by the Board agent, and that the likelihood of any
voter believing the sign was Board-sponsored or en-
dorsed merely because it was near the directional sign
is remote. Under these circumstances we have con-
cluded that while we do not condone the conduct of
whoever was responsible for the sign's presence, the
necessary neutrality of the Board's function in con-
ducting the election cannot be said to have been
placed in substantial jeopardy under all of the circum-
stances.
Accordingly, as the tally of ballots shows that the
Petitioner has received a majority of the valid ballots
cast, we shall certify it as the exclusive bargaining
representative of the employees in the appropriate
unit.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Van Storage, Drivers, Pack-
ers, Warehousemen & Helpers, Local 389, Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, and that, pur-
suant to Section 9(a) of the National Labor Relations
Act, as amended, the said labor organization is the
exclusive representative of all the employees in the
unit found appropriate herein for purposes of collec-
tive bargaining in respect to rates of pay, wages, hours
of employment, or other conditions of employment.
199 NLRB No. 73