Borden Co.

National Labor Relations Board - Board Decisions

Jan 10, 1950

88 N.L.R.B. 42 (N.L.R.B. 1950)

in the Matter of BORDEN COMPANY, MARICOPA DIVISION CREAMERY,
EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS DISTRICT
#49, PETITIONER
Case No. 21-RC-1004.-Decided January 10, 1950
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Ben Grodsky,
hearing officer. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Petitioner requests a unit of all mechanics and their appren-
tices and helpers at the Employer's plant at Phoenix, Arizona. The
Petitioner contends that there are two employees in this unit; the
Employer contends that it has no employees who belong in such a
unit. From the evidence adduced at the hearing, it appears that the
day mechanic, Alberger, one of the individuals sought by the Peti-
tioner, is a supervisor with power effectively to recommend the hire
or discharge of employees. This leaves only one employee in the unit
requested. As the Board will not determine the bargaining represent-
ative for a unit of one employee,a we shall dismiss the petition, and
1 Erie City Iron Works , 85 NLRB 1308.
88 NLRB No. 13.
42
BORDEN COMPANY 43
shall therefore not pass upon the other unit contentions raised by the
parties.
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.