Higgins, Inc., 911 (1962)

Docket Number:15-RC-00700
 
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HIGGINS, INC. 911

HIGGINS, INC. and MARINE SHOP AND SHIPYARD LABORERS, LOCAL 821,

AFL, PETITIONER HIGGINS, INC. and LOCAL 1244, BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS, AFL, PETITIONER . Cases Nos. 15-RC-700 and 15-RC-705. December 9,1952

Supplemental Decision and Certification of Representatives On October 28, 1952, the Acting Regional Director issued his report on objections. He found that the objections filed by the Employer to the stipulated elections of October 7, 1952, were based on Bonwit Teller, Inc. v N. L. R. B., 197 F. 2d 640 (C. A. 2), and failed to raise any issue not previously considered and found to be without merit in the Board's Decision and Order of August 27, 1952.1 He accordingly recommended that the objections be overruled. Thereafter, the Employer filed exceptions to the report on objections, in substance repeating its objections.

The Board has considered the report on objections, the exceptions thereto, and the entire record in the case, and finds that the exceptions do not raise any substantial or material issues with respect to the elections. Accordingly, the Board hereby adopts the Acting Regional Director's findings, conclusions, and recommendations, with the following additions :

The Employer contends that the Board erroneously set aside the earlier elections and had no authority to order the elections to which the Employer now objects. It contends that the court decision in Bonwit Teller supports its position. However, that decision involved enforcement of a final order preventing unfair labor practices, and specifically the question of whether unfair labor practices had been committed. In this representation proceeding, as we have frequently held,2 the Board is concerned, not with the possible commission of unfair labor practices, but rather with the conditions under which Board elections should be conducted so as to reflect the employees' free choice. Here, in the earlier election which the Board set aside, a free choice was rendered impossible regardless of the question of unfair labor practices. Accordingly, the Board set aside the elections. As the later elections were therefore validly ordered, the Board hereby overrules the Employer's exceptions.

As the tallies of ballots show that a majority of all the valid votes in each case were cast for each of the respective Petitioners, we shall certify those organizations as the collective-bargaining representative of all the Employer's employees in...

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