California Custom Shapes

National Labor Relations Board - Board Decisions

Mar 1, 1979

240 N.L.R.B. 1103 (N.L.R.B. 1979)

CALIFORNIA CUSTOM SHAPES 1103
California Custom Shapes and Aluminum Workers In-
ternational Union, AFL-CIO, Petitioner. Case 21
RC 15324
March I. 1979
DECISION AND ORDER DIRECTING
HEARING
BY CHAIRMAN FANNING AND MLMBERS PENtI l10
AND TRL ESDALI
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended, a three-
member panel has considered objections to an elec-
tion held on December 22, 1977,' and the Regional
Director's report recommending disposition of same.
The Board has reviewed the record in light of the
exceptions and brief, and hereby adopts the Regional
Director's findings and conclusions, except as to Ob-
jections 1, 2, 3, 5, 6, and 7.2 The Board is of the
opinion that the issues raised by Objections I. 2. 3. 5.
6, and 7 and the Employer's exceptions to the Re-
gional Director's report can best be resolved by a
hearing.'
I The election was conducted pursuant to a Stipulation for ('rtification
Upon Consent Flection The tally was: 29 for, and 16 against. the Peti-
tioner; there was I challenged ballot which is nsufficient to ffect the re-
sults of the election.
2 In the absence of exceptions thereto, we adopt. pro to,ria, the Regional
Director's recommendation that Objection 4 be oserruled
In reaching his decision on certain of the objections, the Regional D)irec-
tor specifically or implicit relied on Shopping kart fiood t'arAel, I,. 228
NI.RB 1311 t19771 Houeser. Shoppitng Kart was recentlI oerruled bh the
Board in General Knil of California. Inc, 239 NLRB 619 (19781. In directing
a hearing n the Emplo 'er's exceptions. Chairman Fanning and Member
Truesdale note that the present record is insufficient to permit a decllon
pursuant to the principles set forth in General Knit. rupra
240 NLRB No. 140
ORDER
It is hereby ordered that a hearing be held before a
duly designated Hearing Officer for the purpose of
receiving evidence with respect to the issues raised by
Petitioner's Objections I. 2, 3. 5, 6, and 7.
IT IS FRTHER ORDERED that the Hearing Officer
designated for the purpose of conducting such hear-
ing shall prepare and cause to be served on the par-
ties a report containing resolutions of credibility of
witnesses, findings of fact, and recommendations to
the Board as to the disposition of said objections.
Within the time prescribed by the Board's Rules and
Regulations, any party may file with the Board in
Washington, D.C., eight copies of exceptions thereto.
Immediately upon the filing of such exceptions, the
party filing the same shall serve a copy thereof on
each of the other parties and shall file a copy with the
Regional Director. If no exceptions are filed thereto,
the Board will adopt the recommendations of the
Hearing Officer.
Ii Is f:lR FlER ORD) REl) that the above-entitled pro-
ceeding be, and it hereby is, referred to the Regional
Director for Region 21 for the purpose of arranging
such hearing, and that the said Regional Director be,
and he hereby is, authorized to issue notice thereof.
M\lN1I R P.,l.lo. concurring in part and dissenting
in part:
I concur with m) colleagues in remanding this case
for a hearing on Objections 1, 2, and 7, but dissent
from their remanding Objections 3, 5, and 6 for a
hearing. Objections 3, 5, and 6 concern alleged mis-
representations which, for the reasons set forth in
Shopping art Food Mfarket, Inc., 228 NLRB 1311
(1977), would not warrant setting aside the election.
As I noted in my dissenting opinion in General Knit
of California, Inc., 239 NLRB 619 (1978), I adhere to
the sound principles of Shopping Kart, supra. Accord-
ingly, I would accept the recommendations of the
Regional Director that Objections 3, 5, and 6 be
overruled.
CALIFORNIA CUSTOM SHAPES 103