Jobbers Warehouse Service, Inc., 1038 (1974)

Jobbers Warehouse Service, Inc., Employer-Petitioner and General Teamsters Union, Local 406,

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America,

Ind., Petitioner. Cases 7-RC-1 1727 and 7-RM-951

May 29, 1974

DECISION, ORDER, AND DIRECTION OF THIRD ELECTION

BY CHAIRMAN MILLER AND MEMBERS

FANNING AND PENELLO

Pursuant to a Stipulation for Certification Upon Consent Election, a secret ballot election was conducted on May 9, 1973, among the employees in the stipulated unit described below. Thereafter, the Union-Petitioner filed timely objections to conduct affecting the results of the election.

Pursuant to Section 102.69 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation. On July 16, 1973, the Regional Director issued his Report on Objections in which he found that the Union-Petitioner's objections in substantial part paralleled the allegations set forth in the complaint which he had simultaneously issued in Case 7-CA-10402. In accordance with Section 102.33 of the Board's Rules, the Regional Director ordered that Cases 7-RC-11727 and 7-RM-951 be consolidated with Case 7-CA-10402 and directed a consolidated hearing to be conducted before an Administrative Law Judge pursuant to Section 102.69 of the Board's Rules and Regulations.

Pursuant to a Stipulation to Set Aside Election and Agreement for Rerun Election in Cases 7-RC-11727 and 7-RM-951 executed by the parties on September 19, 1973,1 and approved by the Regional Director on September 25, 1973, a second secret ballot election was conducted on November 21, 1973, among the employees in the stipulated unit described below. The tally of ballots furnished the parties showed that of approximately 29 eligible voters, 29 cast ballots, of which 20 were for and 7 against the Union-Petitioner. There were two challenged ballots which were insufficient to affect the results of the election. Thereafter, the EmployerPetitioner filed timely objections to conduct affecting the results of the election.

Pursuant to Section 102.69 of the Board's Rules and Regulations, the Regional Director conducted an investigation and issued and duly served on the parties on December 6, 1973, his notice of hearing on objections in which he directed that a hearing be held to resolve the substantial and material factual issues raised by the objections. The Regional Director further ordered that the Hearing Officer designated to conduct the hearing prepare and cause to be served on the parties a report containing resolutions of questions of credibility, findings of fact, and recommendations to the Board.

Pursuant to the Regional Director's order, a hearing was held before Hearing Officer James P.

Lewis on December 17 and 18, 1973. All parties participated and were given full opportunity to examine and cross-examine witnesses and to introduce evidence bearing on the issues. On February 1, 1974, the Hearing Officer issued and duly served on the parties his Hearing Officer's Report and Recommendations on Objections to Election in which he recommended that Employer-Petitioner's Objections 1, 4, and 8 be sustained and...

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