Alamo Iron Works

National Labor Relations Board - Board Decisions

Oct 16, 1964

149 N.L.R.B. 1 (N.L.R.B. 1964)

Alamo Iron Works and United Steelworkers of America, AFL-
CIO, Petitioner. Case No. 23-RC-1763. October 16, 1964
DECISION AND CERTIFICATION OF REPRESENTATIVE
Pursuant to a Supplemental Decision, Order, and Direction of
Second Election, issued by the ' Regional Director for Region 23 on
March 30,1962, an election by secret ballot was conducted on April 25,
1962, under the direction and supervision of the aforesaid Regional
Director, among the employees in the appropriate unit at the Em-
ployer's Corpus Christi, Texas, plant. By order of the Board, the
ballots were impounded "pending ruling on.the Employer's Request
for Review" as to an election held in the instant proceedings on
October 11, 1961, in a separate unit at the Employer's San Antonio,
Texas, plant. Upon direction by the Board the ballots were opened
and counted on April 21, 1964. The parties were furnished a tally
of ballots which showed that of approximately 52 eligible voters, 52
cast valid ballots, of which 31 were for, 21 were against, Petitioner,
and 3 ballots were challenged. The challenged ballots were insuf-
ficient in number to affect the results of the election. The;eafter,
the Employer filed timely objections to conduct affecting the results
of the election.
In accordance with the Board's Rules and Regulations,, Series 8,
as amended, the Regional Director conducted an investigation,, and
on June 12, 1964, issued and duly served upon the,parties his report
on objections and order transferring the case to the Board, in which
he recommended that one of the objections be overruled, and, as the
remaining objections related to actions or rulings of the Board, he
referred those objections to the Board for consideration without
recommendation. The Frmployer filed a request for review of the
Regional Director's report on objections.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Leedom and Jenkins].
The Board has considered the Regional Director's report, the Em-
ployer's objections, and its request for review, and upon the entire
record in the case, hereby adopts the Regional Director's findings
149 NLRB No. 5. 1
770-076-85-vol. 149-2
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and, recommendations and finds no merit in the Employer's objec-
tions and exceptions.'
Accordingly, as the tally shows that the Petitioner has obtained a
majority of the valid ballots cast, we shall certify it as the exclusive
bargaining representative of the employees in the appropriate unit.
[The Board certified the United Steelworkers of America, AFL-
CIO, as the designated collective-bargaining representative of the
employees at the Employer's Corpus Christi, Texas, facility in the
unit found appropriate.]
'In the objections referred to the Board by the Regional Director , the Employer con-
tends , in substance , that the Board did not have the matter before it when it directed that
the Impounded ballots be opened and counted ; that this action was inconsistent with the
Board ' s order impounding the ballots ; that, because of the time lapse and turnover of
personnel , the ballots no longer represented the true wishes of the employees ; and that by
the Board 's action the Employer was placed at a disadvantage in the pending election at
its San Antonio plant. We find no merit in these contentions and therefore overrule the
Employer 's objections.
John J. Harris & Scotty Harris, d/b/a Culligan Soft Water
Service and Chauffeurs, Teamsters & Helpers, Local 186, Inter-
national Brotherhood of Teamsters, Chauffeurs , Warehouse-
men and Helpers of America , Petitioner . Case No. 21-RC-
9018. October 19, 1964
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hearing Officer Max Stein-
feld. The Hearing Officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Leedom and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer sells, leases , and services water-softening equip-
ment under a franchise from Culligan, Inc., a corporation engaged in a
nationwide operation whose main plants and offices are in North-
brook, Illinois. The Employer contends that the Board should not as-
sert jurisdiction herein.
In the calendar year 1963 the Employer's gross sales were approxi-
mately $400,000, of which about $20,000, or approximately 5 percent,
were to business and commercial establishments. These sales fall
within the Board's established definition of "nonretail" operations-
1 This case was transferred to the Board by the Regional Director for Region 21.
149 NLRB No. 2.