Ontario Labour Relations Board

File No.: 2759-80-R Date: October 23, 1981

Between: Retail, Wholesale and Department Store Union, AF'L:CIO:CLC, Applicant, v. K-Mart Canada Limited, Respondent.

Before: R. A. Furness, Vice-Chairman, and Board Members B. Lee and J. Wilson.

Appearances: H. Buchanan, George Ross, Gordon D. Reekie and Carole Currie for the applicant; R. A. MacDermid, C. A. Cumiskey and Catherina Spoel for the respondent; Helen McBennett and June MacLeod on their own behalf as employees.

Decision of the Board

1. This application for certification was filed on March 18, 1981, and the applicant requested that a pre-hearing representation vote be taken. In a decision dated April 2, 1981, the Board directed the taking of a pre-hearing representation vote. Paragraphs 5,6,7,8 and 11 of the decision dated April 2, 1981, read as follows:

5. The Board directs, therefore, that a pre-hearing representation vote be taken of the employees of the respondent in voting constituency #1 consisting of:

All employees of the respondent at its K-Mart Store in St. Catharines, Ontario save and except department managers, persons above the rank of department manager, management trainees, pharmacists, office and clerical staff, persons regularly employed for not more than twenty-four hours per week, and students employed during the school vacation period.

6. The Board directs that should the following persons, or any of them, who are office and clerical staff present themselves at the polling station, they shall be permitted to vote and their ballots shall be segregated and not counted pending further direction by the Board:

J. Adams V. Kalagian B. Bechard J. Kolodziejczak R. Burdio B. Searle M. Hartley L. Shaver M. Huckla E. Valliere

7. The Board further directs that a pre-hearing representation vote be taken of the employees of the respondent in voting constituency #2 consisting of:

All employees of the respondent at its K-Mart Store in St. Catharines, Ontario regularly employed for not more than twenty-four hours per week and students employed during the school vacation period, save and except department managers, persons above the rank of department manager, management trainees, pharmacists, and office and clerical staff.

8. The Board directs that should L. Moskal, an office and clerical employee, present himself at the polling station, he shall be permitted to vote and his ballot shall be segregated and not counted pending further direction by the Board.

9. The Board directs that both ballot boxes be sealed following the taking of the vote and that this matter be listed for hearing on the earliest available date thereafter. The purpose of the hearing will be to receive the evidence and argument of the parties on the issue of whether office and clerical staff are to be excluded from the bargaining unit as proposed by the applicant, whether the bargaining unit should be described, as agreed by the parties, in terms of all employees of the respondent at its K-Mart Store in St. Catharines, Ontario and to deal as well with any other matters which, at the time, are outstanding.

3. The pre-hearing representation votes were conducted by the Board on April 10, 1981.

On April 14,1981, the Board received a letter from Mrs. MacLeod, Mrs. McBennett and seven

other persons who purported to be employees of the respondent in St. Catharines. In this letter the writers complained about the methods used to form a union. The letter reads in part:

We feel the methods used to form a Union are atrocious in that they have used harrassment, coercion, intimidation including soliciting by use of a flyer on a car windshield thirty minutes after the Labour Board deadline of twelve midnight.

We agree Union members should be given scope to form a Union, but what we have been subjected to is downright ridiculous and might we add illegal. Surely a simple vote yes or no should suffice.

We have no proof our secret ballot will be a success to either side, as the people they coerced were followed constantly e.g. driven to and from work, intimidation of students and no shortage of Union money to cover lunches, meetings, refreshments, etc., as openly admitted by some of our workmates. We were also harrassed by Union members of Dominion Foods. We would also add that as employees opposing the Union, we hired a hall to obtain signatures as advised by the Labour board; and at all three of the meetings, Union members or their husbands sat watching who approached our meetings.

We feel all this is unfair as we could not receive any help or advice from the Management in any shape or form, since this is a Labour Board ruling.

We are aware that the secret Ballot will decide the consequences, but feel the Labour Board of Ontario should be made aware of the tactics used in forming a Union, before the results of the Ballot are known.

We are writing this on behalf of a good majority of the staff who feel as we do.

Yours faithfully

(nine signatures)

4. This application came on for hearing on May 11, 1981. On that occasion, Helen McBennett and June MacLeod appeared and stated that they felt their rights had been infringed and that their letter set forth their concerns. They agreed, however, that the pre-hearing representation vote had been conducted fairly.

5. The parties were unable to agree on the matters set forth in paragraph 11 of the decision of the Board dated April 2, 1981. However, it was agreed that the respondent would prepare a draft of an agreed statement of fact with respect to the eleven persons in dispute and would then send the draft statement to the applicant. The applicant and the respondent agreed that they would try and finalize the statement of fact and that if they were unable to finalize an agreed statement of fact a Labour Relations Officer could be appointed. Helen McBennett and June McLeod agreed with this method of proceeding and informed the Board that they were not concerned with this aspect of the application. The Board also ruled that since there would be a delay of approximately one month, Helen McBennett and June McLeod would be allowed one month (until June 11, 1981) to file particulars of their complaints and be prepared to adduce evidence if they wished the Board to entertain their complaints. No such particulars were received by the Board.

6. Subsequently, an agreed statement of fact was reached. Helen McBennett and June McLeod did not file particulars of their complaints. The next hearing of this application was on August 4, 1981. At the hearing on August 4, 1981, the applicant and respondent were represented. Helen McBennett and June McLeod were present during the hearing but did not complete an appearance information sheet and did not sit at the places provided for counsel and representatives. When the Board inquired whether anyone other than the applicant and the respondent wished to appear and address the Board on any aspect of this application there was no response. At this point the Board dismissed the matters raised by Helen McBennett and June McLeod in their letter which had been received by the Board on April 14, 1981.

7. The agreed statement as to facts reveals that Jackie Adams, Virginia Kalagian and Joan Kolodziejczak work together to enable the store to keep a record of its merchandise. Their titles are office merchandise co-ordinator, area H (Hardlines) merchandise co-ordinator and area T (Textiles) co-ordinator, respectively. Each K-Mart is divided in half. One half of the premises consists of textile goods (such as ladies' dresses, men's suits, etc.). The other half consists of hardlines (such as sporting goods, toys, hardware, furniture, etc.). In each department in each of these areas, there are looseleaf books which contain a record of merchandise on hand for that department and known in the store as a catalogue. By referring to this catalogue, each person working in each department will be able to determine the availability of particular items of merchandise which may be on hand.

8. Ms. Kalagian in area H and Ms. Kolodziejczak in area T keep these books up to date for each department. To accomplish this, they must go to the sales floor and make entries into these books. Periodically, they will collect the books for the purpose of updating them by adding further looseleaf sheets or catalogue information known as Return Sheets containing information on merchandise which has been ordered or has been delivered to the store through the head office of the respondent. In addition, they must also periodically check the stockroom to determine whether or not merchandise in the quantities ordered by the store has been received.

9. Although Ms. Kalagian and Ms. Kolodziejczak share an office with Ms. Adams and Mr. J. Fafard, the store's merchandise manager; Ms. Kolodziejczak estimates she spends ninety per cent of her time outside that office on the sales floor attending to her duties in the various departments in her area. Ms. Kalagian estimates she spends about ninety-nine per cent of her time outside that office on the sales floor in the various departments in her area attending to her duties. Ms. Kalagian and Ms. Kolodziejczak are asked to straighten up merchandise being displayed in the various departments in the respective areas in the same manner as any sales clerk would in order to keep up the appearance of the merchandise on display. They also assist in setting out on sales counters merchandise in the same way any other sales clerk would. Ms. Kalagian was hired on August 18, 1969, as a full-time clerk in the furniture department. On September 18, 1969, she became merchandise co-ordinator for the Hardlines area. Ms. Kolodziejczak was hired on June 21, 1971, and placed in her present position upon hiring.

10. Ms. Adams receives, dates and sorts all mail by departments and distribute itto Ms. Kalagian and Ms. Kolodziejczak and the assistant managers. She also files original copies of all mail, such as Return Sheets and Information Results, by the date upon which they were returned to the head office. Ms. Adams makes all necessary corrections in catalogues to Ms. Kalagian and Ms. Kolodziejczak to facilitate the changing of store orders and the counting and recording of merchandise in each department on the sales floor. She collects information relating to selling price changes arising through comparisons of competition prices and records these on the appropriate form for the use of the sales floor and the head office of the respondent. Ms. Adams obtains catalogues of merchandise to be sent to the various departments on the sales floor in order that the merchandise can be counted and the catalogues returned on schedule. She follows the schedule set up by the merchandise manager and she notifies him if there is any difficulty in following the schedule. As part of her duties, she completes a percentage check of stock on a monthly basis, maintains a list of all stock counts and merchandise policies to be followed and notifies the merchandise manager if there are any problems or tardiness encountered in this regard. Ms. Adams has been an employee of K-Mart since August 18, 1969, and has been an employee of the Kresge store chain and has been employed with the respondent in its Kresge stores since 1950.

11. Ms. Adams, Ms. Kalagian and Ms. Kolodziejczak share the same lounge and cafeteria facilities as are used by the employees in the bargaining unit who are not contested by the parties. The benefits and general conditions of employment they receive are the same as the employees in the bargaining unit who are not contested by the parties except that they receive approximately twenty-five cents an hour more than the employees in the bargaining unit who are not contested by the parties.

12. Barbara Searle is employed as the price list correction person and her main function is to update catalogue prices, to update prices at counter and stockroom level within the store by recording quantities and prices on appropriate forms and by marking the merchandise to the new price. In the performance of her duties, she estimates that she spends approximately ninety-nine per cent of her time on the sales floor in the various departments dealing with staff in those departments and with the merchandise on display with respect to the duties she is required to perform. Ms. Searle fills merchandise counters on the sales floor and also straightens up merchandise on display on the sales floor. She reports directly to Mr. Fafard, the merchandise manager. Ms. Searle was first employed on September 2, 1969, as a part-time cashier. Before she assumed the duties of the price list correction person, she worked in the store's credit office. Ms. Searle became the merchandise co-ordinator for the store on May 25, 1976, and became the price list correction person on September 13, 1979.

13. Bev Bechard is employed as the advertising person and was first hired on September 4, 1969, as a clerk in the Ladies' Wear Department. She worked in that position until November 23, 1978, when she became the advertising person. Ms. Bechard's primary responsibility as the advertising person is to ensure that the advertising materials prepared by the head office are given to and properly displayed by the newspapers in the St. Catharines area. In addition, she is required to make sure that the merchandise which is the subject matter of the advertisement is available for display and sale at the store. In doing so, Ms. Bechard follows a rigidly prescribed procedure established by the respondent's head office in Toronto and reports to Mr. Fafard, the merchandise manager. When the store runs an advertisement in a local newspaper, a part of her duties is to prepare advertisements which are to be read over the store's public address system in accordance with the prescribed procedure. Ms. Bechard will deliver the advertisement to the person working on the service desk which is located at the front of the store immediately opposite the entrance doors and beside the checkout cashiers. The person at the service desk will read the announcements to the customers throughout the day. Part of her duties require her to set up the displays of the advertised merchandise, usually in the main isle of the store and on counter ends. Ms. Bechard ensures that the merchandise is brought on to the floor and displayed in a fashion to attract the buyers' attention.

14. In substance, the duties performed by Ms. Bechard as the advertising person are very comparable to a sales clerk. While a sales clerk on the sales floor may perhaps deal directly with the public with respect to advising them as to the location of merchandise on display, generally the sales clerks will be responsible for the display and presentation of merchandise in their departments. Ms. Bechard's responsibilities are to arrange and display the merchandise which is on sale and to make sure that sufficient quantities are available. When the store is extremely busy, she will frequently assist the cashiers by wrapping customers' packages at the checkout area. While she has an office, Ms. Bechard estimates that she spends twenty or more hours per week outside her office engaged in activities on the sales floor, counting merchandise on hand, arranging for displays, arranging for signs with respect to the merchandise on sale and for checking for merchandise on hand in the area of the stockroom assigned for advertised merchandise. She also spends time on the floor filling the special advertised displays as merchandise is sold. Ms. Bechard is subject to the benefits and general conditions of employment as the employees in the bargaining unit who are not contested by the parties except that she receives an additional twenty-five cents an hour.

15. Mary Hartley is employed as the general office clerk and has been employed by the respondent in that capacity since February 3, 1971. Before assuming that position she worked for the respondent's Kresge stores since October 19, 1948. Her responsibilities are generally to co-ordinate the work load of the general office. Ms. Hartley is responsible for all non-merchandising expense invoicing (e.g., a bill from a local plumber or electrician) and records such disbursements in an invoice register. She prepares weekly and monthly reports on such items as total sales, gross profits, running expenses and estimates the operating profit of the store. Ms. Hartley does not spend any of her time working on the sales floor.

16. Marj Huckla is employed as the payroll/invoice clerk and has been employed in that capacity by the respondent since December 1, 1969. The payroll sheet relating to the staff of the store comes in from the respondent's head office in Toronto and indicates the names of the employees, codes related to the employees and their social insurance numbers. Ms. Huckla is required to make a record of the actual hours worked by each employee from their time cards and enter the hours together with the amount of pay each employee has earned, gross pay, deductions and net pay on the payroll sheet. She also prepares the employees' pay envelopes and a salary analysis or weekly salary cost to sell summary for the store. The number of employees employed in the store are broken down into categories and the salary costs with the employment of those employees are compared with total revenues for the store. The figures so derived are compared by Ms. Huckla to the corresponding figures for the same week in the previous year. She assists in the processing of invoices received from various manufacturers for merchandise forwarded and also assists in the cash office by double checking bank deposits.

17. Eleanor Valliere is employed as the accounts payable clerk. She commenced her employment with the respondent on November 18, 1972, as a part-time sales clerk in the Ladies' Wear Department. On February 8, 1973, she was transferred and became a full-time employee in the stockroom. On July 11, 1978, she became a temporary merchandise co-ordinator. On July 25, 1978, she returned to the stockroom as a full-time employee and on January 3, 1980, she assumed her duties in the general office. As part of her duties, Ms. Valliere receives invoices from various manufacturers which supply merchandise to the store. When the merchandise is received, the employees in the stockroom circle the quantity received on the advice received from the manufacturer and the advice is then sent back to the merchandise co-ordinators who in turn pass it on to Ms. Valliere who records that the merchandise has been received. This record is then sent to the head office and indicates the merchandise ordered and delivered and the price and amount owing. She also assists in the cash office when required. Throughout the last twelve months, Ms. Valliere has worked on the sales floor in the Hair Goods Department every Wednesday. While performing this job she fills the merchandise counters, straightens up merchandise on display, counts merchandise on hand and prepares suggested orders for the merchandise as would any of the employees in the bargaining unit who are not contested by the parties.

18. Rose Burdio was employed on May 19, 1978, as a part-time cashier, on October 4, 1979, in part-time employment in the cash office and on June 26, 1980, as full-time in the cash office. She commenced pregnancy leave on May 13, 1981. Lynn Shaver was employed on October 3, 1979, as a part-time sales clerk in the Jewellery Department, on November 20, 1980, as temporary full-time in the Health and Beauty Department and on December 11, 1980, as full-time in the cash office. As cash office clerk, Ms. Shaver picks up the money from cash registers and records and balances those amounts. She also prepared the change funds for the following day, records any register errors and discrepancies and prepares a weekly cash report. With the approval of the manager she dispenses amounts to cover incidental expenses. Ms. Shaver also prepares the bank deposits which must be verified by a second person, usually one of the employees from the general office or the cash office.

19. The general office and cash office employees share the same lounge and cafeteria with all the other employees in the store and are subject to the same wage schedule, benefits and conditions of employment as the employees in the bargaining unit who are not contested by the parties except that they receive approximately twenty-five cents an hour more. The schedules are as follows:

Schedules:

Mary Hartley, Eleanor Valliere (40 Hours)

Monday to Friday 9:00 a.m. — 6:00 p.m.

Mary Huckla (30 Hours)

Monday 9:00 a.m. — 1:00 p.m.

Tuesday and

Wednesday 9:00 a.m. — 2:00 p.m.

Thursday and

Friday 9:00 a.m. — 6:00 p.m.

Lynn Shaver (40 Hours)

Monday to Friday 9:00 a.m. – 6:00 p.m.

Works alternate Monday and Saturday

Saturday Hours 8:30 a.m. – 5:30 p.m.

Rose Burdio (31 Hours)

Monday/Tuesday/

Wednesday 9:00 a.m. – 2:00 p.m.

Thursday/Friday 9:00 a.m. – 6:00 p.m.

Works alternate Monday and Saturday

Saturday Hours 8:30 a.m. – 5:30 p.m.

20. Lillian Moskal was employed on October 23, 1971, as a part-time employee in the cash office. She picks up money from cash registers, records and balances these amounts and prepares change funds for the following day. Ms. Moskal records register errors and discrepancies and with the approval of the manager she dispenses amounts to cover incidental expenses. She also prepares bank deposits which must be verified by a second person. Her schedule is as follows:

Schedule

Saturday 9:00 a.m. – 6:00 p.m.

Tuesday 9:00 a.m. — 2:00 p.m.

Present schedule due to Pregnancy of R. Burdio

Monday 9:00 a.m. — 2:00 p.m.

During this period she assists with Weekly Balance and preparation of appropriate forms.

Tuesday OFF

Wednesday 9:00 a.m. — 2:00 p.m.

Thursday 9:00 a.m. — 6:00 p.m.

Friday 9:00 a.m. — 2:00 p.m.

Saturday 8:30 a.m. — 6:00 p.m.

21. The respondent argued that the persons who are in issue have been characterized as office employees and referred to circumstances where the Board had included office and sales employees in the same bargaining unit. The respondent stressed that the persons in issue form part of a team and deal with various persons in the store. Various aspects of their work, such as the straightening up of merchandise was comparable to the work of sales clerks. The respondent also drew analogies with plant clericals and pointed to the line of progression from the position of sales clerks to the positions occupied by the persons who are in issue.

22. The respondent referred to the four office workers and argued that they receive the same conditions of employment as the other employees in the store. The respondent also referred to three certificates which had been issued by the Board to the applicant with respect to the respondent's operations in Sault Ste. Marie. These three certificates referred to the following three bargaining units: (i) office and clerical employees, (ii) all employees excluding office and clerical employees and employees regularly employed for not more than twenty-four hours per week and (iii) all employees regularly employed for not more than twenty-four hours per week. These certificates were issued by the Board in 1968 and 1969. Over a period of time, a collective agreement has been negotiated which covers all of the employees. The respondent also referred to a certificate which the Board issued with respect to its operations in Windsor, where the office staff was included in a bargaining unit with sales employees. Reference was also made to a recent decision of the Board where the Board in a comparable situation included office and sales employees in the same bargaining unit in the respondent's store in Peterborough. See K-Mart Canada Limited, [1981] OLRB Rep. Jan. 60.

23. The applicant referred to the hourly wage rate differential of twenty-five cents and to the scheduling as a difference between the sales persons and the persons who are in dispute. The applicant agreed with the respondent's remarks concerning its operation at Sault Ste. Marie.

24. In K-Mart Canada Limited, supra, the Board expressed the view that in the circumstances of a discount store, such as the respondent's store, a relatively small group of office staff should not be excluded from a bargaining unit that would encompass all other employees. In applications for certification which are made with respect to manufacturing operations, there is usually a clear line of demarcation between the functions and community of interest of production and maintenance workers on the one hand and office workers on the other hand. In such manufacturing operations, production and maintenance employees are included in one appropriate bargaining unit and office or office and sales employees are included in another appropriate bargaining unit. In sales and service operations these lines of demarcation are less clear than they are in manufacturing operations. For example, in Leon's Furniture Limited, [1976] OLRB Rep. May 232, the Board included office, clerical and sales employees in one bargaining unit in a retail furniture outlet; and in Jewish Vocational Service of Metropolitan Toronto, [1977] OLRB Rep. Nov. 754, the Board included office and clerical workers, technical workers and professional workers in one bargaining unit in an organization engaged in social services.

25. In the instant application, Ms. Kalagian and Ms. Kolodziejczak spent most of their time on the sales floor and Ms. Kalagian reached her present position after commencing employment as a sales clerk. They share an office with Ms. Adams and the merchandise manager and are closely associated in their work with the sales clerks and Ms. Adams. The three co-ordinators share the same lounge and cafeteria facilities as are used by the employees in the bargaining unit who are not contested by the parties and the benefits and general conditions of employment they receive are the same as the employees in the bargaining unit except that they receive approximately twenty-five cents an hour more than these employees. Having regard to the nature and location of the work performed by the three co-ordinators and to the presence of a line of advancement from sales clerk to co-ordinator, we find that there is a functional integration between the co-ordinators and the sales clerks and that they enjoy a community of interest. We therefore include these three co-ordinators, Adams, Kalagian and Kolodziejczak in the bargaining unit.

26. Ms. Searle, the price list correction person, spends virtually all of her time on the sales floor and deals with the staff in the various departments and with the merchandise on display to the extent of filling and straightening up the merchandise on display. Having regard to the nature and location of the work she performs, we find that there is a functional integration between the price list correction person and the sales clerks and that they enjoy a community of interest. We therefore also include Ms. Searle in the bargaining unit.

27. Ms. Bechard, in addition to her duties as the advertising person, ensures that the merchandise which is the subject of the advertisement is available for display and sale. Part of her duties require her to set up the displays of the advertised merchandise on the sales floor. Her duties are very comparable to a sales clerk and when the store is extremely busy she will frequently assist the cashiers by wrapping customers' packages at the checkout area. She spends more than half of her time on the sales floor outside her office engaged in various activities such as counting merchandise, arranging displays and signs and checking merchandise on hand. Ms. Bechard is subject to the same wage schedule, benefits and general conditions of employment as the employees in the bargaining unit who are not contested by the parties except that she receives an additional twenty-five cents an hour. Having regard to the nature and location of the work performed by Ms. Bechard, we find that she enjoys a functional integration and a community of interest with the sales clerks. We therefore include the advertising person in the bargaining unit.

28. Ms. Hartley, Ms. Huckla and Ms. Valliere are employed as general office clerk, payroll/invoice clerk and accounts payable clerk, respectively. They perform a variety of tasks and while they perform essentially clerical work there is little indication that the community of interest which they share with each other is greater than the community of interest which they share with the sales clerks. Ms. Valliere progressed from her initial employment as a part-time sales clerk to her present position. In addition, Ms. Valliere is closely concerned with the receipt of merchandise and has during the past twelve months worked in the Hair Goods Department on every Wednesday. Ms. Valliere fills the merchandise counters, straightens up merchandise on display, counts merchandise on hand and prepares suggested orders for the merchandise as would any of the employees in the bargaining unit. On balance, we find that Ms. Valliere enjoys a greater community of interest with the sales clerks than she does with the other clerks and is accordingly included in the bargaining unit.

29. Ms. Hartley and Ms. Huckla enjoy the same conditions of employment as the cash office employees, Ms. Burdio, Ms. Shaver and Ms. Moskal and the other employees in the store. They share the same lounge and cafeteria and are subject to the same wage schedule, benefits and conditions of employment except that they receive approximately twenty-five cents an hour more. While their schedules are different in some respects the variations are not such as to set any one employee apart from any other employee. In considering whether the employees referred to in this paragraph ought to be included in either the full-time or part-time bargaining units, in addition to considering the community of interest, the Board considers the viability of a bargaining unit which they might otherwise form as well as the arguments in connection with the fragmentation of the work force into various bargaining units. See Ponderosa Steak House, [1975] OLRB Rep. Jan. 7. In the circumstances of this application, the cash office employees do not constitute a viable bargaining unit separate and apart from the other employees. We therefore include Ms. Hartley, Ms. Huckla, Ms. Burdio and Ms. Shaver in the full-time bargaining unit and Ms. Moskal in the part-time bargaining unit.

30. The Board therefore finds that all employees of the respondent at its K-Mart stores in St. Catharines, save and except department managers, persons above the rank of department manager, management trainees, pharmacists, persons regularly employed for not more than twenty-four per week and students employed during the school vacation period, constitute a unit of employees of the respondent appropriate for collective bargaining (hereinafter referred to as bargaining unit #1).

31. The Board therefore further finds that all employees of the respondent at its K-Mart stores in St. Catharines who are regularly employed for not more than twenty-four hours per week and students employed during the school vacation period, save and except department managers, persons above the rank of department manager, management trainees and pharmacists, constitute a unit of employees of the respondent appropriate for collective bargaining (hereinafter referred to as bargaining unit #2).

32. The applicant filed evidence of membership of the type referred to at the meeting convened by the Labour Relations Officer on behalf of twenty-two of the fifty-nine persons in bargaining unit #1 and on behalf of twenty-four of the forty persons in bargaining unit #2.

33. The Board directed the pre-hearing representation votes and the applicant had the requisite number of members pursuant to section 9(2) of the Act among the employees in the voting constituencies defined in paragraphs five and seven of the decision of the Board dated April 2, 1981.

34. The Board directs the Registrar to cause the ballot boxes to be unsealed and to cause the ballots to be counted, including the segregated ballots of the ten persons referred to in paragraph six in the decision of the Board dated April 2, 1981, with respect to bargaining unit #1. The Board further directs the Registrar to cause the segregated ballot of Lillian Moskal to be counted with respect to bargaining unit #2.

35. The matter is referred to the Registrar.