Fairmont Foods Co.

National Labor Relations Board - Board Decisions

Jun 18, 1948

77 N.L.R.B. 1251 (N.L.R.B. 1948)

Jn •the.Matter of FAIRMONT FOODS--COMPANY, FORMERLY FAIRMONT
CREAMERY COMPANY, BOSTON, MASS., EMPLOYER and FOODS SERVICE
SALES DRIVERS, CHAUFFEURS, HELPERS AND FOOD SERVICE `VARE-
IIOUSEMEN, LOCAL UNION No. 646, AFL, PETITIONER
Case No. 1-RC-181.-Decided June 18, 1948
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Following the filing of a petition alleging that a question affecting
commerce had arisen concerning representation of employees of the
Employer, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Relations
Act, as amended, the parties entered into a "Stipulation for Certifica-
tion Upon Consent Election," and an election was conducted in accord-
ance with the said Stipulation, and the Rules and Regulations of the
Board. Thereafter a Tally of Ballots was furnished the parties. The
Tally shows that there were six eligible voters and that of these, five
cast ballots, of which three were for the Petitioner, two were against
the Petitioner, and one was void.
On May 3, 1948, the Employer filed Objections to Conduct Affecting
Results of the Election. On May 12, 1948, the Regional Director
issued and duly served upon the parties his Report on Objections,
recommending that the Employer's Objections be overruled. On May
15, 1948, the Employer filed its Exceptions to the Report on Objections.
The Employer contends in its Objections that the Board agent
should have counted the one blank ballot as a vote against the Union,
rather than as a void ballot. A similar contention has been recently
considered by the Board in another proceeding and there held to be
without merit.'
We find that the Employer's Objections raise no substantial or ma-
terial issues with respect to conduct affecting the results of the elec-
1 Matter of Cities Se) wee Oil Company of Pennsylvania ( Marine Division ), 77 N L.
R B 853.
77 N. L. R. B, No. 200.
1251
1252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion. Accordingly we hereby adopt the Regional Director's recom-
mendation, and overrule the Objections to the Election together with
the Exceptions to the Report on Objections.
Upon the basis of the Stipulation, the Tally of Ballots, and the
entire record in the case, the Board ^ makes the following findings
of fact :
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Employer, within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act, as amended.
2. All truck drivers of the Employer at its Boston, Massachusetts,
plant, excluding executives, office clerical employees, guards, profes-
sional employees, and supervisors as defined by the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of 9 (b) of the Act.
As the Petitioner has won the election, we shall certify it as the
collective bargaining representative of the employees in the appro-
priate unit. -
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that Foods Service Sales Drivers, Chauffeurs,
Helpers and Food Service Warehousemen, Local Union No. 646, AFL,
has been designated and selected by a majority of the employees of
the above -named Employer , in the unit hereinabove found by the
Board to be appropriate , as their representative for the purposes of
collective bargaining , and that , pursuant to Section 9 (a) of the Act,
as amended , the said organization is the exclusive representative of
all the employees of such unit for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
2 Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this proceeding to a three-roan panel consisting of the under-
signed Board Members [Chairman Herzog and Members Reynolds and Houston].