Trueman Fertilizer Co.

National Labor Relations Board - Board Decisions

Apr 8, 1949

82 N.L.R.B. 940 (N.L.R.B. 1949)

In the Matter of TRUEMAN FERTILIZER COMPANY, EMPLOYER and
UNITED FERTILIZER & ALLIED WORKERS, LOCAL 2000-UNITED TnANS-
PORT SERVICE EMPLOYEES-CIO, PETITIONER
Case No.1O-RC-34
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 8,194.9
On January 10, 1949, the Board issued a Decision and Direction of
Election in the above-entitled proceeding and on February 8, 1949,
the Board issued an order denying the motion of the Employer for
reconsideration of the said Decision and Direction of Election. On
February 7, 1949, an election by secret ballot was conducted in the
above-entitled matter under the direction and supervision of the
Regional Director for the Tenth Region. Thereafter, a Tally of
Ballots was furnished the parties. The Tally shows that there were
approximately 50 eligible voters and that 47 cast ballots, of which
40 were for the Petitioner, 5 were against, 1 ballot was challenged,
and 1 ballot was void.
On February 11, 1949, the Employer filed Objections to Conduct
Affecting Results of the Election. On February 21,1949, the Regional
Director issued and duly served upon the parties his Report on Ob-
jections, recommending that the said objections be overruled. On
March 7, 1949, the Employer filed Exceptions to the Report on
Objections.,
We find that the Objections to the Conduct of the Election filed by
the Employer raised no issues that were not considered and passed
' On March 7, 1949 , the Employer filed a Supplemental Petition for Rehearing. The
matters contained therein relate either to the Decision and Direction of Election or to the
Conduct of the Election . The Employer had full opportunity to raise these issues in the
Motion for Rehearing , heretofore filed by it and considered by the Board , or in the Objec-
tions to the Conduct of the Election . No reason appears for not having done so. We shall
not now, 2 months after the issuance of the Decision and Direction of Election and 1 month
after the date of the Election , consider a Supplemental Petition for Rehearing in the
absence of compelling reasons for doing so.
82 N. L. R. B., No. 115.
940
TRUEMAN FERTILIZER COMPANY 941
upon by the Board in the original Decision and Direction of Election,
and in the Board's order denying the Employer's Motion for Re-
consideration? We find, for reasons heretofore stated, that the Em-
ployer's objections do not raise substantial and material issues with
respect to conduct affecting the results of the election. Accordingly,
they are hereby overruled.
As the Petitioner obtained a majority of all the ballots cast, the
challenged ballots being insufficient in number to affect the results
of the election, we shall certify the Petitioner as the exclusive bar-
gaining representative of all employees in the appropriate unit.
IT IS HEREBY CERTIFIED that United Fertilizer & Allied Workers,
Local 2000-United Transport Service Employees-CIO, has been se-
lected by a majority of the employees of Trueman Fertilizer Company
at its Jacksonville, Florida, plant, in the unit heretofore found by the
Board to be appropriate, as their representative for the purpose of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
as amended, the said organization is the exclusive representative of
all such employees for the purpose of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
MEMBERS REYNOLDS and MuRDocii took no part in the consideration
of the above Supplemental Decision and Certification of Rep-
resentatives.
1 The Employer, in Its Exceptions to the Report on Objections, raises certain additional
Issues not raised in its Objections to the Conduct of the Election. Such additional objec-
tions are not properly before us because not timely filed, and, in any event, are without
merit.