NLRB v. JJ COLLINS'SONS, INC.
| Citation | 332 F.2d 523 |
| Decision Date | 04 June 1964 |
| Docket Number | No. 14458.,14458. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. J. COLLINS' SONS, INC., Respondent. |
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Marcel Mallet-Prevost, Asst. Gen. Counsel, George Driesen, Atty., N. L. R. B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Lee M. Modjeska, Atty., N. L. R. B., for petitioner.
John H. Doesburg, Chicago, Ill., for respondent.
Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.
This case is before the Court upon the petition of the National Labor Relations Board pursuant to Section 10(e) of the National Labor Relations Act, as amended (29 U.S.C.A. § 160(e)) for enforcement of the Board's order issued against J. J. Collins' Sons, Inc., respondent. The Board's decision and order are reported at 142 NLRB No. 58.
The Board found that the respondent company violated Section 8(a) (5) and (1) of the Act1 by refusing to bargain with the Union2 certified by the Board as bargaining representative of a unit of the company's employees and by refusing to furnish the Union with certain wage and employment data. The Board ordered the company to cease and desist from the unfair labor practices found; to bargain with the Union upon request; to furnish, on request, the wage and employment data involved; and to post designated notices.
The company defends its refusal to recognize the Union for bargaining purposes on the ground that the certification is invalid. The company contends the Board erred in overruling the company's challenge to the ballot cast by Norbert Toporek in the representation election held pursuant to the company's and Union's "Stipulation for Certification Upon Consent Election" and in certification of the Union based upon the resulting majority of one vote. The ballot of Toporek had been challenged on the ground that he was not in the appropriate unit defined in the stipulation and approved by the Board for the purposes of the representation election. The company further contends that the certification is invalid because of the Board's failure to afford the company a hearing on its exceptions to the Regional Director's report on challenges.
We find no merit in the company's contention that the Board is required to grant it a hearing on the exceptions to the Regional Director's report and findings. The company was afforded a full opportunity to submit evidence to the Regional Director in support of its contentions concerning Toporek's eligibility to vote. The exceptions the company subsequently filed with the Board set forth the duties of Toporek, substantially as described in the Director's report, and the company's reasons for disagreeing with the recommended disposition of its challenge but failed to show the existence of any substantial and material factual issue concerning Toporek's eligibility to vote or to indicate that it had additional evidence to offer concerning the matter. There is no statutory requirement for a post-election hearing on challenges and under the circumstances here disclosed neither the Board's rules3 nor the demands of due process required a formal hearing in addition to the Board's investigation and the company has no cause for complaint that its request for a hearing was denied. N.L.R.B. v. O. K. Van Storage, Inc., 5 Cir., 297 F.2d 74, 76; N.L.R.B. v. Joclin Manufacturing Company, 2 Cir., 314 F.2d 627, 631-633. And, "absent any issue worth considering further" there was no need for a post-election hearing on the challenge. Olson Rug Company v. N.L.R.B., 7 Cir., 260 F.2d 255, 257.
We turn to consideration of the substantive question of whether on the facts of record the Board's conclusion that Toporek was included in the unit, and thus eligible to vote, upon which conclusion the resulting certification is based, represents the application of correct legal criteria.
The appropriate unit as defined and limited by stipulation of the company and the Union, and approved by the Board, is as follows:
"All paper cutting machine operators, all folding machine set-up men, all hand...
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