J.I. Brown Tree Expert Co., 1246 (1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

J. I. Brown Tree Expert Co., Inc. andTeamsters Local :515, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, & Helpers of America, Petitioner. Case 10-RC-1 1612

September 28, 1979 DECISION ON REVIEW AND DIRECTION

BY MEMBERS JENKINS, MURPHY, AND TRUESDAI.F On January 18, 1979, the Regional Director for Region 10 issued a Decision and Direction of Election in the above-entitled proceeding, in which he directed an election in the Petitioner's requested unit including 'all groundmen, treemen, assistant treemen, and mechanics employed by the Employer at its South Pittsburg, Tennessee, operations, excluding all office employees, guards, and supervisors as defined in the Act.' Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Employer timely filed a request for review of the Regional Director's decision on grounds that 16 employees included in the unit were seasonal employees who were permanently laid off with no reasonable expectancy of reemployment and therefore they should be excluded from the appropriate unit. The Employer also contends that two employees excluded from the unit as supervisors should be included in the unit.

On February 14, 1979, the National Labor Relations Board by telegraphic order granted the Employer's request for review.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the entire record in this case with respect to the issues under review, including the Employer's brief,' and has decided to affirm the Regional Director's report.? IThe Employer moved to reopen the record to adduce additional evidence regarding the unavailability of tree trimming moneys to Sequachee Valley DIRECTION

It is hereby directed that the Regional Director for Region 10 shall, pursuant to the Board's Rules and Regulations, Series 8, as amended, within 10 days from the date of this Decision on Review and Direction, open and count the valid ballots cast in an election held on February 15, 1979, and prepare and cause to be served on the parties a tally of ballots in accordance with Section 102.69 of the Board's Rules and Regulations, Series 8, as amended, which shall thereafter be applicable to the further processing of...