Murphy Brothers, Inc.

National Labor Relations Board - Board Decisions

Apr 28, 1982

261 N.L.R.B. 416 (N.L.R.B. 1982)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Murphy Brothers Inc. and Communications Workers
of America, AFL-CIO, Petitioner. Case 5-RC-
11279
April 28, 1982
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS FANNING, JENKINS, AND
ZIMMERMAN
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relations Act, as amended, a three-
member panel has considered objections to an elec-
tion conducted by mail between November 17 and
December 2, 1980,' and the Hearing Officer's
report recommending disposition of same. The
Board has reviewed the record in light of the ex-
The election was conducted pursuant to a Stipulation for Certifica-
tion Upon Consent Election. The tally was: 61 for, and 51 against, the
Petitioner; there were 12 challenged ballots, a sufficient number to affect
the results. Six challenged ballots were subsequently overruled. On June
17, 1981, the ballots of the overruled challenges were opened and count-
ed. A revised tally of ballots reflected that the Petitioner had received 62
votes, with 56 votes cast against the Petitioner. The undetermined chal-
lenges were no longer sufficient to affect the results of the election.
ceptions and briefs, and hereby adopts the Hearing
Officer's findings and recommendations. 2
CERTIFICATION OF
REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Communications Work-
ers of America, AFL-CIO, and that, pursuant to
Section 9(a) of the National Labor Relations Act,
as amended, the foregoing labor organization is the
exclusive representative of all the employees in the
following appropriate unit for the purpose of col-
lective bargaining with respect to rates of pay,
wages, hours of employment, and other terms and
conditions of employment:
All owner/drivers and full-time regular part-
time lease drivers employed by the Employer
at its Falls Church, Virginia location excluding
all other employees, dispatchers, mechanics,
office clerical employees, supervisors and
guards as defined in the Act.
2 The Employer has excepted to certain credibility resolutions of the
Hearing Officer. It is the established policy of the Board not to overrule
a hearing officer's credibility resolutions unless the clear preponderance
of all of the relevant evidence convinces us that the resolutions are incor-
rect. The Coca-Cola Bottling Company of Memphis, 132 NLRB 481, 483
(1961); Stretch-Tex Co., 118 NLRB 1359, 1361 (1957). We find no suffi-
cient basis for disturbing the credibility resolutions in this case.
261 NLRB No. 62
416