Lazzara Products, Inc., 204 (1969)

Lazzara Products, Inc. Lazzara Products of Northern Jersey, Inc. Lazzara Products of Central Jersey, Inc. and Local 50, American Bakery and Confectionery Workers Union, AFL-CIO. Case 22-RC-4292

August 22, 1969 DECISION AND CERTIFICATION OF

REPRESENTATIVE

BY CHAIRMAN MCCULLOCH AND MEMBERS

JENKINS AND ZAGORIA

Pursuant to a stipulation for certification upon consent election approved by the Regional Director for Region 22 on March 11, 1969, an election by secret ballot was conducted among certain employees of the Employer as set forth in said stipulation. At the conclusion of the election, the parties' were furnished a tally of ballots which showed that of approximately 216 eligible voters, 192 cast ballots, of which 95 were for the Intervenor, 84 for the Petitioner, and 2 for no union; in addition, there were 10 challenged ballots and 1 void ballot. The challenged ballots were sufficient in number to affect the results of the election. Thereafter, the Petitioner filed timely objection to conduct alleged to have affected the results of the election.

Pursuant to the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation of the timely objections and an additional objection discovered in the course of his investigation.' Thereafter, on May 13, 1969, he issued and duly served on the parties his Report on the foregoing objections and on the challenged ballots, in which he recommended that the foregoing objections be overruled. In his Report, he also recommended sustaining five of the challenges.' As the remaining challenges could not affect the results of the election, the Regional Director recommended that the Intervenor be certified. On June 9, 1969, the Petitioner filed timely exceptions to the Regional Director's Report on Objections.

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

Upon the entire record in this case, including the Petitioner's exceptions to the Regional Director's Report, the Board finds:

'One of the parties was the Intervenor, United Electrical , Radio, and Machine Workers of America (U.E.). Local 404.

'The Regional Director's Report does not refer to, and it appears, therefore, that he did not investigate , a supplemental objection referred to in the Petitioner's exceptions to such Report, infra.

'These challenges involve Minerva Arroyo, Judy Rivera,...

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