Continental Can Co., Inc.

National Labor Relations Board - Board Decisions

Feb 20, 1959

122 N.L.R.B. 1550 (N.L.R.B. 1959)

1550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Continental Can Company , Inc. and United Steelworkers of
America, AFL-CIO, Petitioner. Case No. 9-RC-3452. Febru-
ary 20, 1959
AMENDMENT TO DECISION AND ORDER, AND
DIRECTION OF ELECTION
The Board on January 7, 1959, issued a Decision and Order in the
above-entitled case, denying the Petitioner's election requests involv-
ing a group of employees, including an industrial nurse, at the Em-
ployer's Sharonville, Ohio, plant. On January 13, the Petitioner
moved for reconsideration of such Decision and Order insofar as it
denied a self-determination election for the industrial nurse. The
Employer opposed the motion. In the circumstances, as it appears
from the briefs that both parties in effect agreed that the industrial
nurse involved is a professional employee as defined in the Act, and
as the Petitioner has made a separate showing of interest for her,
we shall 'grant the motion for reconsideration and direct a self-
determination election for the nurse as to her inclusion in the Peti-
tioner's existing office clerical unit.' Otherwise, she shall remain
unrepresented.
Accordingly, our prior Decision and Order is hereby amended to
the extent inconsistent herewith 2 and supplemented to include the
following Direction.
[Text of Direction of Election omitted from publication.]
MEMBERS BEAN and FANNING took no part in the consideration of
the above Amendment to Decision and Order, and Direction of
Election.
1 Etjer Co., 108 NLRB 1417; American Locomotive Company, 92 NLRB 115, 117; see
also Koehring Southern Company , 108 NLRB 1131 ; The Timken -Detroit Awle Company,
95 NLRB 736 , 739; and Florence Stove Company , 94 NLRB 1434. Cf. Cherokee Textile
Mills, Inc., 117 NLRB 350. To the extent that the decision in The Bailey Department
Stores Co ., 120 NLRB 1239, is inconsistent with our holding herein, it is hereby expressly
overruled.
3 The petition herein is hereby reinstated for the purpose of directing the instant
election.
122 NLRB No. 182.
The Colson Corporation and International Association of Ma-
chinists , AFL-CIO , Petitioner . Case No. 32-RC-1158. Febru-
ary 20, 1959
SUPPLEMENTAL DECISION, DIRECTION, AND ORDER
Pursuant to a Decision and Direction of Election issued on Sep-
tember 30, 1958,' an election by secret ballot was conducted among
1 Unpublished.
122 NLRB No. 181.