Pennington Bros., Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1952

98 N.L.R.B. 965 (N.L.R.B. 1952)

PENNINGTON BROS., INC. 965
fected by an agreement requiring membership in a labor organization as a
condition of employment as authorized in Section 8 (a) (3) of the Act.
WE WILL offer to the 16 individuals whose names are listed below im-
mediate and full reinstatement to their respective former or substantially
equivalent positions, without prejudice to their seniority and other rights
and privileges, and make them whole for any loss of pay they may have
suffered by reason of the discrimination to them :
Charles Kemble James Kallaher
Alvin Guenthner John Gossett
Kenneth Anderson Max Powell
Andrew Hickman Cecil Conrad
Aline Marcum French Elsie Crutcher
Jewrell Buchanan Loraine Ray
Gerardina Buckman Hildred Conrad
Charles McCulloch Paul Haas
WE WILL bargain collectively upon request with INTERNATIONAL PLATE
PRINTERS, DIE STAMPERS AND ENGRAVERS UNION OF NORTH AMERICA, LOCAL
No. 5, AFL, as the exclusive representative of all our employees in the
bargaining unit described below with respect to rates of pay, wages, hours
of employment, and other conditions of employment, and, if an agreement
is reached, embody such understanding in a signed contract.
The bargaining unit is:
All production and maintenance employees at our plant in Louisville,
Kentucky, excluding the jewelry superintendent, office employees, and
all guards, professional employees, and supervisors as defined in the Act.
All our employees are free to become or remain members of INTERNATIONAL
PLATE PRINTERS, DIE STAMPERS AND ENGRAVERS UNION OF NORTH AMERICA, LOCAL
No. 5, AFL, or of any other labor organization, except to the extent above
stated.
HARCOURT AND COMPANY, INC.,
Employer.
By -----------------------------------
(Representative ) ( Title)
Dated --------------------
This notice must remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
PENNINGTON BROS., INC. and BAKERY & CONFECTIONERY WORKERS,
INTERNATIONAL UNION OF AMERICA, LOCAL #57, A. F. OF L., PETI-
TIONER . Case No. 9-RC-1456. March 31, 1952
Decision, Order, and Direction of Second Election
Pursuant to a stipulation for certification upon consent election by
the Employer and Petitioner an election was held under the direction
of the Regional Director on January 30, 1952. At the close of the
election, the tally of ballots showed that of approximately 82 eligible
voters, 42 voted for the Petititioner and 39 against. The Employer
filed timely objections to conduct affecting results of the election.
98 NLRB No. 141.
998666-vol 98-.53-62
966 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director caused an investigation to be made of the
Employer's objections and on February 20, 1952, issued his report.
The Regional Director found that before the election the Petitioner
distributed copies of a sample ballot which contained an "X" marked
in the box under the Petitioner's name and bearing the Regional
Director's name and title directly under the sample ballot. The Re-
gional Director concluded that the Employer's objections raised sub-
stantial and material issues with respect to conduct affecting the re-
sults of the election and recommended that a hearing be held. No
exceptions were filed.
Upon consideration of the objections, the Regional Director's report,
and the entire record in this case, the Board finds that the election
should be set aside, for the reasons fully set forth in The Am-O-Krome
Company, 92 NLRB 893. The Board does not, therefore, consider it
necessary to rule on the other objections raised by the Employer.
Normally the Board will adopt the Regional Director's report on
objections to election where no exceptions are filed to it by any of the
parties. The Board's rule in Am-O-Krome, however, warrants set-
ting the election aside without the necessity of a hearing. As a hear-
ing would serve no useful purpose the Board is not adopting the recom-
mendation of the Regional Director that a hearing be held.
Order
IT Is HEREBY ORDERED that the election held on January 30, 1952, be,
and it hereby is, set. aside.
[Text of Direction of Second Election omitted from publication in
this volume.]
KENNECOTT COPPER CORPORATION , RAY DIVISION and INTERNATIONAL
BROTHERHOOD or TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL UNION NO. 83, AFL, PETITIONER.
Case No. 21-RC-2289. March 31, 1952
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 Leo Fischer, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
I One of the intervening unions , International Union of Mine , Mill and Smelter Workers,
herein called the Smelter Workers, moved to dismiss the petition on the grounds that the
petition is untimely and the unit sought is inappropriate . The hearing officer referred
the motion to the Board . For the reasons stated in paragraphs numbered 3 and 4, re-
spectively , we find these contentions to be without merit . Accordingly , the motion is
denied.
98 NLRB No. 148.