National Trucking Co.

National Labor Relations Board - Board Decisions

Nov 9, 1954

110 N.L.R.B. 837 (N.L.R.B. 1954)

NATIONAL TRUCKING COMPANY 837
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. There are approximately 10 or 12 employees at Youngstown in
addition to 2 clerical employees, a shop foreman, an assistant man-
ager, and the manager. The Petitioner seeks a unit of all hourly paid
-employees at Youngstown, excluding office and plant clericals, pro-
fessional employees, guards, and supervisors. The - Employer, al-
though it does not stipulate to the appropriateness of the unit, does not
contest its appropriateness.
We find that the following employees of Youngstown Tent and
Awning Company, and/or Youngstown Tent and Awning Company,
a division of Wagner Awning and Manufacturing Company, Youngs-
town, Ohio, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of the Act : All hourly employees ex-
'eluding all office and plant clerical employees, professional employees,
guards, and supervisors as defined in the Act.
,[Text of Direction of Election omitted from publication.]
NATIONAL TRUCKING COMPANY, PETITIONER and TRUCK DRIVERS AND
HELPERS LOCAL UNION No. 728, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS*OF AMERICA,
AFL. Case No. 10-RM-162. November 9,1954
Supplemental Decision and Certification of Results of Election
Pursuant to a Decision and Direction of Election issued by the Na-
tional Labor Relations Board on August 10, 1954, an election by secret
ballot was conducted by the Regional Director for the Tenth Region
on August 30 and 31, 1954, among the truckdrivers, shop employees,
and yardmen at the Employer's Hapeville, Georgia, terminal. Upon
the conclusion of the election, a tally of ballots furnished the parties
showed that, of approximately 98 eligible voters, none cast valid bal-
lots for the Union, 62 cast valid ballots against the Union, and 26 bal-
lots were challenged.
On September 8, 1954, the Union filed with the Regional Director
timely objections to the election. Thereupon, in accordance with the
Board's Rules and Regulations, the Regional Director conducted an
investigation. On September 29, he issued and duly served upon the
parties his report on objections to election, in which he recommended
that the objections be overruled in their entirety and that the Board
certify the results of the election.
On October 11, 1954, the Union filed timely exceptions to the report,
renewing, in substance, the contentions set forth in the objections.
110 NLRB No. 137.
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, including the Union's objections,
the report on objections, and the Union's exceptions, the Board finds :
The Union's principal contention, in effect, is that, for the purpose
of defeating the Union's organizing activities, the Employer, prior
to the election, contracted out work previously performed by em-
ployees in the bargaining unit, and that, in so doing, the Employer
coerced, intimidated, and discouraged the employees to such extent
that they could not exercise a free choice at the election. Prior to the.
election, on August 12, 1954, the Union filed an unfair labor practice
charge against the Employer based upon the same matters involved
in the instant objections case. This charge was dismissed by the
Regional Director on August 16,1954. A timely appeal was taken from
this dismissal. Thereafter, on October 11, 1954, the General Counsel
sustained the Regional Director's dismissal.
As the identical allegations before us were made the subject of the
Union's unfair labor practice charge, which on appeal was dismissed
by the General Counsel, we shall, in accordance with our usual proce-
dure, overrule the Union's contentions.'
On the basis of the foregoing, and upon the entire record herein,
we find that the objections and exceptions of the Union raise no sub-
stantial or material issue with respect to the election in this case..
Accordingly, as we have overruled the objections, as the challenges
are insufficient to affect the results of the election, and as the tally of
ballots shows that a majority of the valid ballots has not been cast
for the Union, we shall, pursuant to the Regional Director's recom-
mendation, certify the results of election.
[The Board certified that a majority of the valid ballots was not
cast for Truck Drivers and Helpers Local Union No. 728, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, AFL, and that the said labor organization is not
the exclusive representative of the above employees.]
i Westchester Broadcasting Corporation , 95 NLRB 1057.
NATIONAL TRIICS RENTAL COMPANY, INC . and LOCAL 639, INTERNA-
TIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, AFL, AND DISTRICT LODGE No. 67, INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFL (LOCAL 1486), PETI-
TIONERS . Case No. 5-RC-1397. November 9, 1954
Second Supplemental Decision and Certification
of Representatives
On July 23, 1954, pursuant to a Supplemental Decision, Order, and
Second Direction of Election issued by the Board in the above-entitled
110 NLRB No. 120.