Ozark Hardwood Co.

National Labor Relations Board - Board Decisions

Feb 2, 1962

135 N.L.R.B. 817 (N.L.R.B. 1962)

OZARK HARDWOOD COMPANY 817
tract between the Employer and the Association entered into follow-
ing that certification covers snaggers, we find merit in the Associa-
tion's contention. In accordance with the Board's well-established
rule not to entertain petitions during an incumbent's certification
year, we shall dismiss the instant petition. See Centr-O-Cast &
Engineering Company, 100 NLRB 1507. See also Summer Williams,
Inc., 122 NLRB 349.
By its motion for clarification, the Employer seeks to have the
Board exclude the snaggers from the Association's unit and include
them in the Metal Polishers unit. In view of its entering into a bar-
gaining agreement which includes the snaggers, we shall deny the
motion.
[The Board dismissed the petition and denied the motion for
clarification.]
Ozark Hardwood Company and General Drivers and Helpers,
Local 373, International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America . Case No.
26-CA-72 (formerly 32-CA-72). February 2, 1962
SUPPLEMENTAL DECISION AND RECOMMENDATION
On December 12, 1961, the Board issued a Proposed Supplemental
Decision and Recommendation in the above-entitled proceeding,'
which provided for the filing of exceptions thereto within 20 days.
No statement of exceptions has been filed with the Board, and the time
for such filing has expired.
Pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the Board hereby adopts the Proposed Supplemental Deci-
sion and Recommendation as its final Supplemental Decision and
Recon-unendation. For the reasons stated in the Proposed Supple-
mental Decision, and upon the entire record in the case, the Board
respectfully recon-nnends to the United States Court of Appeals for
the Eighth Circuit that the Order issued by the Board in this case on
December 19, 1957, be enforced with the modification that the sums
required by said Order to be paid by respondent to each discriminatee
therein named shall be in full liquidation and discharge of all back-
pay due in this proceeding in consequence of Respondent's discrimi-
nation, with no other or further liability herein.
113'4 NLRB 1188
135 NLRB No. 85.
634449-62- vol 135-53