Sweet-Orr and Co., Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1957

118 N.L.R.B. 736 (N.L.R.B. 1957)

736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
action, against, or, promotion for, a crewman would be followed by, the
foreman.
We And, on the basis of the preponderance of the, credible. testimony,
that the train bosses are supervisors and hence, are excluded from the
unit for which the . Firemen has been certified as bargaining
representative .'
MEMBER JENKINS took no part in the 'consideration of the above
Second Supplemental Decision.
' United States Gypsum Company, 114 NLRB 1285, 1290 ( conductor ) ; TVeetern • Equip-
ment Company, 96 NLRB 1376 , 1378 ( conductor ) ; Northern Redwood Lumber , Company,
88 NLRB 272 , 279 (conductor).
Sweet-Orr and Co., Inc. and Confectionery and Tobacco . Drivers
& Warehousemen 's Union , Local . 805, International Brother-
hood of Teamsters,'AFL-CIO, Petitioner. Case No. 9-RC-8541.
July 17,1957
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant . to. a Decision and Direction of Election 1 issued in this
proceeding on March 26, 1957, an election was conducted by mail
ballot returnable to the Board's Regional Office no later than the
close of business on April 18, 1957, under the direction and super-
vision of the.. Regional Director for the Second Region among the
employees in the unit found appropriate by the Board. Following the
election, a tally of ballots was furnished the parties. The tally shows
that 22 ballots were cast in the election of which 11 ballots were cast
for the Petitioner, 9 against the Petitioner, and 2 were challenged. As
the,challenged ballots were sufficient in number to affect the results
of the election, the Regional Director investigated the eligibility of
those.individuals whose ballots were challenged, Thereafter, on May
29, 1957, the Regional Director issued a report on challenged ballots
in which he recommended that, the challenges be overruled and that
the, ballots be opened and counted. On June 7, .2957, the Petitioner
filed exceptions to the . report on challenges,
Pursuant to the provisions of Section 3; (b) of the National Labor
Relations Act,. the Board has delegated its powers. in connection with
this case to