NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,475, CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO., (Sep. 15, 1994), National Labor Relations Board, (Sep 15, 1994)

CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO.

314 NLRB No. 177.Case No. 32-RC-3782. September 15, 1994

Before Stephens, Devaney and Cohen.

Election Objections--Board Agents--Agent’s Impartiality Questioned.--An employer’s union representation election objections, based upon comments made by an NLRB agent who was conducting the election, were overruled because such statements did not interfere with the election. Although the comments were made to election observers, they were not only innocuous, but also were made after the polls closed. Section 9(c).

Back reference: ¶2795.415.

Election Objections--Fact Finding--Supervisor’s Union Support.--On the facts, an employer’s election objection, based upon prounion statements made by one of its leadpersons, was overruled because it impermissibly attempted to raise a postelection challenge to a voter in the form of election objections. Section 9(c).

From Text of Board’s Decision

The National Labor Relations Board, by a three-member panel, has considered objections to an election held on October 14 and 15, 1993, and the Regional Director’s report recommending disposition of them. The tally of ballots shows 31 for and 14 against the Petitioner, with 1 challenged ballot, an insufficient number to affect the results.

The Board has reviewed the record in light of the exceptions and briefs, has adopted the Regional Director’s findings [1] and recommendations, and finds that a certification of representative should be issued.

The Regional Director found no merit to the Employer’s objections involving certain statements allegedly made by the Board agent to the observers during the Thursday night polling session. In support of his finding, the Regional Director observed that these conversations occurred after the observers had voted. The Employer argues that the Regional Director erred because its evidence (see attached appendix) shows that these discussions must have occurred before the observers had voted. Given the innocuous nature of these remarks attributed to the Board agent, we find it unnecessary to resolve this dispute over timing. We therefore overrule the objections based on the substance of the remarks rather than their timing.

In adopting the Regional Director’s recommendation to overrule the Employer’s objections concerning leadperson Lisa Garrett’s prounion conduct, we rely only on the fact that the Employer is attempting to raise postelection challenges in the form of objections, which is not permitted. See Poplar Living Center, 300 NLRB 888 (1990). We therefore find it unnecessary to pass on the Regional Director’s alternative analysis based on an assumption that Garrett is a supervisor. However, we correct the Regional Director’s typographical error in referring to Garrett as Ken Hellwig, the Employer’s plant manager, in the last sentence of his analysis of her conduct.

In adopting the Regional Director’s overruling of the Employer’s objection, we emphasize that we have viewed the Employer’s evidence in the light most favorable to the Employer. See Frontier Hotel, [1982-83 CCH NLRB ¶15,333] 265 NLRB 343 (1982); Bell Foundry Co. v. NLRB, [107 LC ¶10,170] 827 F.2d 1340 (9th Cir. 1987). In our view, the Employer’s evidence, viewed in this light, does not establish a basis for setting aside the election.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,475, CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO., (Sep. 15, 1994), National Labor Relations Board, (Sep 15, 1994)

CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO.

314 NLRB No. 177.Case No. 32-RC-3782. September 15, 1994

Before Stephens, Devaney and Cohen.

Back reference: ¶2795.415.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,475, CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO., (Sep. 15, 1994), National Labor Relations Board, (Sep 15, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,475, CORNNUTS, INC. and BAKERY, CONFECTIONERY & TOBACCO WORKERS INTERNATIONAL UNION OF AMERICA, LOCAL 85, AFL-CIO., (Sep. 15, 1994), National Labor Relations Board, (Sep 15, 1994)

From Text of Board’s Decision

Footnotes