Drennon Food Products Co.

National Labor Relations Board - Board Decisions

Apr 25, 1958

120 N.L.R.B. 624 (N.L.R.B. 1958)

!624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. United Brotherhood of Carpenters & Joiners of America, Local
Union No. 978, AFL-CIO; International Hod Carriers, Building &
Common Laborers Union of America, Local No. 676, AFL-CIO; and
United Association of Journeymen & Apprentices of the Plumbing
:and Pipefitting Industry of the U. S. & Canada, Local No. 178,
AFL-CIO, and their agents are not, and have not been lawfully en-
titled to force or require Markwell & Hartz Contractors to assign the
disputed work to their members rather than to the employees assigned
to that work by Markwell & Hartz Contractors, who are not mem-
bers of the said Respondents.
2. Within ten (10) days from the date of this Decision and Determi-
nation of Dispute, Respondents Local 978 of the Carpenters, Local 676
,of the Laborers, and Local 178 of the Plumbers (Pipefitters) shall
notify, in writing, the Regional Director for the Seventeenth Region
of the National Labor Relations Board whether or not they will re-
frain from forcing or requiring Markwell & Hartz Contractors, by
-means proscribed by Section 8 (b) (4) (D) of the Act, to assign the
work in dispute on their projects in Springfield, Missouri , to their
members rather than to employees assigned to that work by Markwell
.& Hartz Contractors, who are not members of the Respondent Unions.
3. Notice of hearing as to the International Union of Operating
Engineers , Hoisting and Portable Local No. 16-16B, AFL-CIO, here-
tofore issued herein, be, and it hereby is quashed.
CHAIRMAN LEEDOM and MEMBER BEAN took no part in the considera-
tion of the above Decision and Determination of Dispute.
Drennon Food Products Co. and Local 60, Bakery & Confection-
ery Union,' Petitioner. Case No. 10-RC-3832. April 25,1958
DECISION AND ORDER
Following an election conducted on May 9, 1957 , pursuant to a
,stipulation for certification upon consent election , the Petitioner was
,certified on May 17, 1957 , as the collective -bargaining representative
of the Employer's employees in the agreed appropriate unit . There-
after, under date of March 8, 1958 , Local Union #60, American
Bakery and Confectionery Workers International Union, AFL-CIO,
herein called the Moving Party, filed with the Board its motion for
amendment of certification , alleging in substance that on December
12, 1957, Bakery and Confectionery Workers International Union,
herein called BCW, was expelled from the AFL-CIO which there-
1 The Board having been notified by the AFL-CIO that it deems the Bakery Workers'
certificate of affiliation revoked by convention action, the identification of the Petitioner
is hereby amended.
120 NLRB No. 88.
JOHN W. GALBREATH & CO. 625
upon issued a charter to American Bakery and Confectionery Workers
International Union, AFL-CIO, herein called ABC; that on Decem-
ber 21, 1957, the membership of Local 60 voted to disaffiliate from
BCW and to affiliate with ABC; and that a charter was thereafter
issued to the Local as Local Union #60, ABC. On the basis of the
foregoing allegations, the Moving Party asserts that it is the same
entity as, and a continuation of, the Petitioner herein and that the
certification heretofore issued in this proceeding should therefore be
amended to reflect the change in name of the certified representative.
The Employer and BCW have filed statements in opposition to the
motion. Subsequently, BCW withdrew it opposition.
It is clear from the foregoing that the allegations contained in the
moving party's motion constitute an attempt to raise a question con-
cerning representation which the Moving Party requests that we re-
solve by amending the certification. However, as the Board has
explicitly stated,2 "both the Act and the Board's policy require that
such matters be determined through a petition and secret ballot of
the employees concerned." In accordance with established Board
policy, we shall therefore deny the motion.
[The Board denied the motion for amendment of certification.]
a 11'eatherhead Company of Antwerp, 106 NLRB 1266, 1267; see also R. M Hollings-
head Corporation, 111 NLRB 840, and cases cited therein.
John W. Galbreath , d/b/a John W. Galbreath & Co. and United
Brotherhood of Carpenters and Joiners of America , Carpenters
District Council of Pittsburgh and Vicinity , AFL-CIO, Peti-
tioner. Case No. 6-RC-1980. April 25, 1958
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before H. G. Borchardt, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case,' the Board finds : The Petitioner
seeks a craft unit of 4 carpenters who are part of a group of some 300
office building service and maintenance employees employed by the
Employer in managing "525 William Penn Place," an office building
in Pittsburgh, Pennsylvania.
The Employer contends that its operations do not meet the Board's
jurisdictional standards. The Employer's basic business involves real
' The request for oral argument by the Employer is hereby denied as the record and
briefs in our opinion adequately present the issues and the positions of the parties.
120 NLRB No. 84.
483142-59-vol. 120- 41