Granite And Marble World Trade

National Labor Relations Board - Board Decisions

Mar 22, 1990

297 N.L.R.B. 1020 (N.L.R.B. 1990)

1020 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Granite Technologies, Inc d/b/a Granite and
Marble World Trade and Warehouse, Mail
Order, Office, Technical and Professional Em-
ployees Union, Local 743, affiliated with Inter-
national Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, AFL-
CIO,' Petitioner Case 13-RC-17710
March 22, 1990
DECISION AND DIRECTION
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND DEVANEY
The National Labor Relations Board, by a three
member panel, has considered determinative chal-
lenges and objections to an election held May 5,
1989, and the heanng officer's report recommend-
ing disposition of them The election was conduct-
ed pursuant to a Stipulated Election Agreement
The tally of ballots shows 16 for and 14 against the
Petitioner, with 3 challenged ballots
The Board has reviewed the record in light of
the exceptions and briefs, has adopted the heanng
officer's findings2 and recommendations, 3 only to
the extent consistent with this Decision and Direc-
tion
The Petitioner challenged the ballots of employ-
ees Fernando Rita and Manuel Pelagio, contending
that they were supervisors under Section 2(11) of
the Act The hearing officer determined that Rita
and Pelagio were not supervisors, but recommend-
ed that the challenges to their ballots be sustained
'On November 1 1987 the Teamsters International Union was read
mated to the AFL-CIO Accordingly the caption has been amended to
reflect that change
2 The Respondent has excepted to some of the hearing officer s credi
Imlay findings The Board s established policy is not to overrule a hearing
officer s credibility resolutions unless the clear preponderance of all the
relevant evidence convinces us that they are Incorrect Stretch Tex Co
118 NLRB 1359 1361 (1957) We find no basis for reversing the findings
The Employer s correct street address is 2434 W Fulton St We also
note that the Employer is an Illinois corporation
3 In the absence of exceptions we adopt pro forma the hearing offi
cer s recommendation to overrule the Petitioner s two objections to sus
tam the challenge to the ballot of employee Luis Hernandez and the
hearing officer s finding that employees Fernando Rita and Manuel Pela
gio are not supervisors under Sec 2(11) of the Act
because they did not share a community of interest
with the unit employees due to their "unique status
with the Employer "4
The Employer excepted to the heanng officer's
recommendation and argues that the heanng offi-
cer "wrongfully overruled the unambiguous stipu-
lation of the parties that all production employees,
including Pelagio and Rita, were in the unit unless
specifically excluded by the terms of the stipula-
tion 'We agree
The parties stipulated that the appropnate bar-
gaining unit consisted of all full-time and part time
production, maintenance, warehouse, and drafting
employees The Regional Director approved the
stipulation as m accord with the purposes of the
Act It is long-established policy that "[i]n ruling
on challenges in cases where the parties have stipu-
lated to the appropriateness of the unit, the Board
will rely on the scope of the stipulation itself, with
its various mclusions and exclusions, unless it is
contrary to any express statutory provisions or es-
tablished Board policies" Wells Fargo Alarm Serv-
ices, 289 NLRB 562 (1988) 5 Accordingly, we find
that production employees Rita and Pelagio are
properly in the unit We therefore overrule the
challenges to their ballots and direct that the bal-
lots be opened and counted
DIRECTION
IT IS DIRECTED that the Regional Director,
within 10 days of the date of this Decision and Di
rection, open and count the ballots of Fernando
Rita and Manuel Pelagio, prepare a revised tally of
ballots, and serve on the parties a revised tally of
ballots Thereafter, the Regional Director shall
issue the appropriate certification
4 Rita and Pelagio are Portuguese nationals in the United States on L 1
mtracompany visas They receive housing allowances from the Employ
er an annual 1 month vacation a higher salary than they would have
made in Portugal and a free yearly round trip ticket to Portugal
2 See also Atlanta Hilton & Towers 278 NLRB 474 478 (1986) SCM
Corp 270 NLRB 885 (1984) White Cloud Products 214 NLRB 516 517
(1974) J Olson Machine Co 196 NLRB 598 (1972) Tribune Co 190
NLRB 398 (1971) and NLRB v Emro Marketing Co 768 F 2d 151 (7th
Cu. 1985)
297 NLRB No 170