H. M. Harper Co.

National Labor Relations Board - Board Decisions

Sep 12, 1956

116 N.L.R.B. 1068 (N.L.R.B. 1956)

1068 DECISIONS OF NATIONAL LABOR. RELATIONS- BOARD
2. Within ten (10) days.from the date of this Decision and Determi-
nation of Dispute, said unions and their agents, as named above, shall
notify the Regional Director for the Ninth Region in writing whether
or not they will refrain from forcing or requiring Wendnagel & Com-
paiiy, by means proscribed-by'Section 8 (b) (4) (D) of the Act; to,
assign the work in dispute'to members of the' Carpenters rather than
to employees of Wendnagel. -
H. M. Harper Company and District No. 8, International Associ-
ation of Machinists, AFL-CIO, Petitioner . ' Case No. 13-RC-
4915. September 1,1956
DECISION AND ORDER
Pursuant to a stipulation for certification upon consent election,
an election was conducted on May 8, 1956, under the direction and
supervision of the Regional Director for the Thirteenth Region, among
certaiir employees-of the Employer.. The tally of ballots shows that
there were approximately 373 eligible voters; and that 163 valid votes
were cast for the Petitioner, 164 valid votes were cast against the Peti-
tioner, 18 ballots were challenged, and 3 ballots were declared void.
The challenges «-ere ' sufficient in number to affect the results of
.the election. Also, at the ,time of the election, exception was taken
to the Board agents' rulings that 2 ballots were void. On June ,26,,
1956, the Regional Director, after investigation, issued his report on
challenged ballots, recommending that the challenges to 15 ballots be
overruled, that-the challenges to 3 ballots be sustained, and that the
other 2 ballots in question be declared void. On July 9, 1956,,the
Employer filed exceptions to part of the Regional Director's report.
The Board has considered the challenges, the Regional Director's
report, the exceptions, and the entire record in the case, and hereby
adopts the findings, conclusions, and recommendations of the Regional
Director, with the following' additions and exceptions :
1. The Employer is engaged in commerce within the meaning of
Section 2 (6) of the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees, of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act: All production and maintenance em-
ployees, excluding all office clerical employees, professional employees,
time-study employees, timekeepers, guards, cafeteria employees, and
supervisors as defined in the Act.
116 NLRB No. 129.
ST. CLOUD RENDERING CO. 1069
5. In the absence of any exception thereto, we adopt the Regional
Director's recommendation that the challenges to the ballots of Arnold,
Belden, E. J. Cooper, R. L. Cooper, De Cesare, Dolik, Freistedt,
(awlik, Grimelli, Ingraffia, Jones, Mendelsohn, Nuss, Wells, and
Zawila be overruled and their ballots be opened and counted.
6. The Employer excepts to the Regional Director's findings that
Richard Cooper, Schultz, and Toporek are supervisors, and his recom-
mendations that the challenges to their ballots should therefore be
sustained . As the 15 challenged ballots to be opened and counted
may be completely dispositive of the election without regard to these
ballots, we shall not pass upon these ballots at this time.
7. In the absence of any exception thereto, we adopt the Regional
Director's recommendation that the ballot attached to his report
marked "Exhibit No. 2" be declared void.
The Employer excepts to the Regional Director's recommendation
that the ballot attached to his report marked "Exhibit No. 1" be de-
clared void. However, as the 15 challenged ballots to be opened and
,counted may be completely dispositive of the election without regard
to this ballot, we shall not pass upon this ballot at this time.
[The Board ordered that the challenged ballots marked "Exhibit
No. 1" be opened and counted and that the ballot marked "Exhibit
No. 2" be declared void.]
MEMBER RRODGERS took no part in the consideration of the above
Decision and Order.
Farmers Union Livestock Association ( Central By-products
Division) d/b/a St . Cloud Rendering Co. and General Drivers
and Helpers and Inside Employees Union , Local 329, Interna-
tional Brotherhood of Teamsters , Chauffeurs, Warehousemen
& Helpers of America , AFL-CIO, Petitioner
Farmers Union Livestock Association ( Central By-products
Division ) d/b/a Long Prairie Rendering Co. and General Driv-
ers and Helpers and Inside Employees Union , Local 329, Inter-
national Brotherhood of Teamsters , Chauffeurs, Warehouse-
men & Helpers of America, AFL-CIO , Petitioner . Cases Nos.
18-IBC-2847 and 18-RC-2848. September 12, 1956
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Clarence A.
Meter, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
116 NLRB No. 133.