Dobbs Houses, Inc., 1021 (1977)

Docket Number:23-CA-06542
 
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DOBBS HOUSES, INC.

Dobbs Houses, Inc. and District 146, International Association of Machinists and Aerospace Workers,

AFL-CIO. Case 23-CA-6542

December 8, 1977 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS

JENKINS AND MURPHY

Upon a charge filed on May 31, 1977, by District 146, International Association of Machinists and Aerospace Workers, AFL-CIO, herein called the Union, and duly served on Dobbs Houses, Inc., herein called Respondent, the General Counsel of the National Labor Relations Board, by the Regional Director for Region 23, issued a complaint and notice of hearing on June 21, 1977, against Respondent, alleging that Respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the National Labor Relations Act, as amended. Copies of the charge, complaint, and notice of hearing before an Administrative Law Judge were duly served on the parties to this proceeding.

With respect to the unfair labor practices, the complaint alleges in substance that on November 30, 1976, following a Board election in Case 23-RC4408, the Union was duly certified as the exclusive collective-bargaining representative of Respondent's employees in the unit found appropriate;' and that, commencing on or about November 30, 1976, and at all times thereafter, Respondent has refused, and continues to date to refuse, to bargain collectively with the Union as the exclusive bargaining representative, although the Union has requested and is requesting it to do so. On or about June 29, 1977,

Respondent filed its answer to the complaint admitting in part, and denying in part, the allegations in the complaint.

On July 28, 1977, counsel for the General Counsel filed directly with the Board a Motion for Summary Judgment. Subsequently, on August 9, 1977, the Board issued an order transferring the proceeding to the Board and a Notice To Show Cause why the General Counsel's Motion for Summary Judgment should not be granted. Respondent thereafter filed a response to Notice To Show Cause.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the t Official notice is taken of the record in the representation proceeding,

Case 23-RC-4408, as the term 'record' is defined in Secs. 102.68 and 102.69(g) of the Board's Rules and Regulations, Series 8, as amended. See LTV Electrosystems, Inc., 166 NLRB 938 (1967). enfd. 388 F.2d 683 (C.A. 4, 233 NLRB No. 141

National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

Upon the entire record in this proceeding, the Board makes the following:

Ruling on the Motion for Summary Judgment In its answer to the complaint and response to the Notice To Show Cause, Respondent disputes the validity of the Union's certification in the underlying representation proceeding on the basis of its election objections and the disposition of certain challenged ballots.

Review of the record herein, including that in the representation proceeding, Case 23-RC-4408, shows that an election conducted on October 1, 1976, pursuant to a Decision and Direction of Election, resulted in a vote of 59 for, and 47 against, the Union with 15 challenged ballots which were sufficient in number to affect the election results. Thereafter,

Respondent filed timely objections to the election.

Petitioner also filed timely objections to the election, but subsequently withdrew them. Respondent's eight objections alleged in substance that the Union: (1) made misrepresentations; (2) made threats; (3) campaigned at proscribed times and areas; (4) made objectionable promises of benefit; (5) injected racial and other irrelevant propaganda into the campaign;

and (6) unlawfully used supervisors as union agents during the campaign. After investigation, the Regional Director issued on November 30, 1976, his Supplemental Decision and Certification of Representative in which he overruled the objections in their entirety, sustained the challenges to nine ballots, observed that the six remaining...

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