NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,594, WEYERHAEUSER CO., and UNITED PAPERWORKERS INTERNATIONAL UNION, AFL-CIO, CLC., (Dec. 16, 1994), National Labor Relations Board, (Dec 16, 1994)

WEYERHAEUSER CO., and UNITED PAPERWORKERS INTERNATIONAL UNION, AFL-CIO, CLC.

315 NLRB No. 141.Case No. 11-RC-5910. December 16, 1994

Before Devaney, Browning and Cohen.

Elections--Names and Addresses Rule--Full First Names Missing.--The results of a union representation election were set aside because an employer failed to provide the full first and last names of employees on a voter eligibility list in order to “substantially comply” with the Excelsior Underwear 1966 CCH NLRB ¶20,180, list requirement. The NLRB recently held in North Macon Health Care Facility (1994) 1993-94 CCH NLRB ¶15,505, that an employer must provide the full first and last names of employees. Since the employer provided only a list containing the last names, first and middle initials and addresses of employees, it impermissibly attempted to influence the outcome of the election. Section 9(c).

Back reference: ¶2775.301.

From Text of Board’s Decision

The National Labor Relations Board, by a three-member panel, has considered objections to an election held April 8 and 9, 1993, and the hearing officer’s report recommending disposition of them. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 93 for and 116 against the Petitioner, with 14 challenged ballots, an insufficient number to affect the results.

The Board has reviewed the record in light of the exceptions and briefs and has adopted the hearing officer’s findings and recommendations to the extent consistent with this decision, and finds that the election must be set aside and a new election be held. [1]

The hearing officer recommended that the Petitioner’s eight enumerated objections be overruled. We find it unnecessary to pass on Objections 1 through 7 because we find merit in the Petitioner’s exception to the hearing officer’s recommendation that Objection 8 be overruled. In Objection 8, the Petitioner contends as follows: “The Employer, through its supervisors and/or agents, attempted to influence the outcome of the election by withholding full names and addresses of employees on the voter eligibility list.”

The voter eligibility list provided by the Employer pursuant to the requirements of Excelsior Underwear, [1966 CCH NLRB ¶20,180] 156 NLRB 1236 (1966), listed the last names, first and middle initials, and addresses of employees. The Union contended that the Excelsior list was deficient because it did not contain the employees’ complete first names.

The hearing officer, citing St. Francis Hospital, [1980 CCH NLRB ¶17,066] 249 NLRB 180 (1980), found that the Employer’s providing a list containing only surnames and initials was not conduct willfully designed to impede the Union’s communication with employees. The hearing officer therefore recommended that the objection be overruled.

The Board recently held in North Macon Health Care Facility, [1993-94 CCH NLRB ¶15,505] 315 NLRB No. 50 (Oct. 26, 1994), that an employer must provide the full first and last names of employees on a voter eligibility list in order to “substantially comply” with the Excelsior list requirement. [2] The Employer did not provide the full names of employees. Accordingly, we will set aside the election in this case and direct a new election.

Direction of Second Election

A second election by secret ballot shall be held among the employees in the unit found appropriate, whenever the Regional Director deems appropriate. The Regional Director shall direct and supervise the election, subject to the Board’s Rules and Regulations. Eligible to vote are those employed during the payroll period ending immediately before the date of the Notice of Second Election, including employees who did not work during that period because they were ill, on vacation, or temporarily laid off. Also eligible are employees engaged in an economic strike that began less than 12 months before the election date and who retained their employee status during the eligibility period and their replacements. Those in the military service may vote if they appear in person at the polls. Ineligible to vote are employees who have quit or been discharged for cause since the payroll period, striking employees who have been discharged for cause since the strike began and who have not been rehired or reinstated before the election date, and employees engaged in an economic strike that began more than 12 months before the election date and who have been permanently replaced. Those eligible shall vote whether they desire to be represented for collective bargaining by the United Paperworkers International Union, AFL-CIO, CLC.

To ensure that all eligible voters have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses that may be used to communicate with them. Excelsior Underwear, 156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S. 759 (1969). Accordingly, it is directed that an eligibility list containing the full names [3] and addresses of all of the eligible voters must be filed by the Employer with the Regional Director within 7 days from the date of the Notice of Second Election. The Regional Director shall make the list available to all parties to the election. No extension of time to file the list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed.

[Dissent]

Member Cohen, dissenting: For the reasons fully explained in my dissent in North Macon Health Care Facility, 315 NLRB No. 50 (Oct. 26, 1994), I would not set aside this election result based on employer conduct that was in compliance with then-extant law and practice.

Also, I would adopt the hearing officer’s recommendation to overrule Objections 1 through 7 and, in the absence of exceptions, pro forma adopt the hearing officer’s recommendation that objections labeled “These and Other Acts” be overruled. Accordingly, I would certify the results of the election.