N. N. Hills Brass Co., 164 (1962)

Docket Number:01-RC-03998

circumstances, I think that sound administrative practice requires that this Board not penalize a party on the technical grounds that it has not correctly interpreted an ambiguous provision in the Board's regulations. As there has been no showing that Petitioner acted in bad faith in interpreting the term 'holidays' to include State holidays such as Good Friday, I think the Board should follow the practice pursued in Western Wear of California, Inc.,' of applying to future cases only, a first construction of a Board regulation. Indeed, such a practice seems to be required by Section 102.90 of the Board's Rules and Regulations, which states :

The Rules and Regulations in this part shall be liberally construed to effectuate the purposes and provisions of the Act.

Accordingly, I would take such action as might be necessary in order to enable this Board to consider on the merits the Petitioner's objections to conduct affecting the results of the election.

s 87 NLRB 1363.

N. N. Hills Brass Co. and Bakery, Grocery, Laundry Drivers and Helpers Local 559, International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America, AFL,.

Petitioner. Case No. 1-RC-3998. September X2,1955 SUPPLEMENTAL DECISION AND CERTIFICATION


Pursuant to a Decision and Direction of Election dated June 3, 1955 (not reported in printed volumes of Board Decisions and Orders), an election by secret ballot was conducted in the above-entitled proceeding on June 23, 1955, under the direction and supervision of the Regional Director for the First Region among the employees in the unit found appropriate in the aforesaid Decision and Direction of Election. The tally of ballots issued after the election showed that, of approximately 91 eligible voters, 90 of whom cast ballots, 63 voted for the Union and 26 voted against the Union. One of the ballots cast was void.

On June 30, 1955, the Employer filed timely objections to the con=:

duct of the election. Thereafter, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation and on July 18, 1955, issued and duly served upon the parties a report on objections, in which he found the objections to be without merit and therefore recommended that the Board dismiss the objections and.

certify the Union as the exclusive bargaining representative of the employees in the appropriate unit. Thereafter, the Employer filed 114 NLRB No. 35.

N. N.' HILLS BRASS CO. 165...

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