Italia Societa per Azioni di Navigazione

National Labor Relations Board - Board Decisions

Feb 24, 1958

119 N.L.R.B. 1688 (N.L.R.B. 1958)

1688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
59" to its name The latter is a local union of the Petitioner located in
Urbana, Illinois. The hearing was recessed until November 15, 1957.
On this date, new counsel, appearing for the Petitioner, amended the
petition by dropping the designation "Local No. 59," explaining that
prior counsel had been mistaken as to the correct name of the
Petitioner.
We find no merit in the contention that these changes were so
substantial as to require that the Board treat the petition as having
been refiled, in effect, after the execution of the contract. As the net
effect of the amendments was to restore the petition to its original form
and, as there is no showing that the other parties were in any way
prejudiced by the temporary designation of Local No. 59 as the Peti-
tioner, we find that the altered petition is not in substance a new
petition.5 We find that a question affecting commerce exists concerning
the representation of 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
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act: 6
All employees at the Employer's milk branch department at Gettys-
burg, Pennsylvania, excluding branch managers, assistant branch
managers , superintendents, assistant superintendents, district man-
agers, office clerical employees, laboratory employees, solicitors, store
employees, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
5 Cf Westinghouse Electric Corpoi ation, 107 NLRB 16
6 The unit conforms to the stipulation of the parties
Italia Societa per Azioni di Navigazione and Steamship Office
Workers Union, Local 1809, International Longshoremen's As-
sociation (Independent ), Petitioner. Case No. 2-RU-8849.
February 04, 1958
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
On September 16, 1957, pursuant to a Decision and Direction of
Election issued herein on August 21, 1957,1 the Regional Director for
the Second Region conducted an election among the employees in the
appropriate unit. At the close of the election, the Regional Director
served a tally of ballots upon the parties which showed that there were
approximately 111 eligible voters, of whom 109 voted-61 for, and
1118 NLRB 1113
119 NLRB No 216.
ITALIA SOCIETA PER AZIONI DI NAVIGAZIONE 1689
44 against, the Petitioner, with 3 challenged and 1 void ballot. The
challenged ballots were insufficient in number to affect the results of
the election.
Thereafter, the Employer filed timely objections to the election.
The Petitioner then filed an answer denying the Employer's allega-
tions and requesting that the objections be dismissed. The Regional
Director investigated the objections and on December 27, 1957, issued
and duly served upon the parties a report on objections in which he
recommended that the objections be overruled insofar as they alleged
that the election should be set aside because the Petitioner misrepre-
sented it would separately represent the employees in question and
that its parent organization may insist upon participating in contract
negotiations and may become a party to the contract. However, the
Regional Director recommended that the election be set aside because
the Petitioner was not in compliance with Section 9 (h) of the Act
on the date of the election and because the Petitioner had not apprised
the employees in the unit, other than its members, that it was being
operated subject to a trusteeship imposed upon it by its parent, the
International. Longshoremen's Association, hereinafter called the ILA,
which constituted such deception and trickery as to make a free choice
of representatives impossible. The Employer and Petitioner excepted
to the report and the ILA filed a statement setting forth its position.
The Petitioner and the ILA brought to the Regional Director's
attention the fact that the Petitioner was in compliance on the date
of the election and that the existence of the trusteeship was generally
known to the employees in the appropriate unit. Accordingly, on
January 15, 1958, the Regional Director issued and duly served on the
parties a supplemental report on objections and revised recommenda-
tions in which he reversed the prior recommendations to set aside the
election which were based on noncompliance and campaign trickery.
He continued to find no merit in the objection alleging that the elec-
tion should be invalidated because the ILA may participate in nego-
tiations for, and may become a party to, the contract. The Employer
excepted to this aspect of the report. Like the Regional Director, we
find no merit in the Employer's contention. It has been rejected by
us before 2 and we find it gains nothing by mere reiteration. No fur-
ther exceptions were taken. Thus, all objections to the election are
hereby overruled.
As the Petitioner received a majority of the votes cast, we shall cer-
tify it as the collective-bargaining representative of all the employees
in the appropriate unit.
[The Board certified Steamship Office Workers Union, Local 1809,
International Longshoremen's Association (Independent), as the
See also Associate Executive Secretary's "Order Denying Motion" dated October 2, 1957.
1690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
designated collective-bargaining representative of the employees at
the 24 State Street and Pier 84, North River, New York, New York,
offices of the Italia Societa per Azioni di Navigazione in the unit
heretofore found appropriate.]
MEMBERS RODGERS and FANNING took no part in the consid-
eration of the above Supplemental Decision and Certification of
Representatives.
Midwestern Instruments, Inc. and International Brotherhood of
Electrical Workers, Local Union No. 584, AFL-CIO. Case No.
16-CA-981. February 25, 1958
DECISION AND ORDER
On August 16, 1957, Trial Examiner Robert E. Mullin issued his
Intermediate Report in the above-entitled proceeding, finding that
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. The Trial Examiner also found
that Respondent had not engaged in certain other unfair labor prac-
tices and recommended that the complaint be dismissed insofar as it
alleges certain violations of Section 8 (a) (1) of the Act. Thereafter,
Respondent filed exceptions to the Intermediate Report and a support-
ing brief. The General Counsel filed no exceptions.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Bean].
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. The Board has considered the Intermedi-
ate Report, the exceptions and brief, and the entire record in the case,
and hereby adopts the findings, conclusions, and recommendations of
the Trial Examiner.'
ORDER
Upon the entire record in the case and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that Midwestern Instruments, Inc.,
Tulsa, Okahoma, its officers, agents, successors, and assigns, shall :
1 Respondent argues that the Trial Examiner should not have credited the testimony of
Petra Navarro in view of his findings that at times she "manifested a very partisan atti-
tude," and that certain of her testimony was inconsistent with the testimony of Neuman,
the dischargee. We disagree. In our view, the testimony of Navarro was worthy of belief.
119 NLRB No. 224.