United Commodities International

National Labor Relations Board - Board Decisions

Jan 15, 1975

216 N.L.R.B. 167 (N.L.R.B. 1975)

SAM ANDY FOODS 167
Sam Andy Foods , A Division of United Commodities
International and International Brotherhood of
Pottery and Allied Workers, AFL-CIO, CLC,
Petitioner. Case 31-RC-2578
January 15, 1975
SUPPLEMENTAL DECISION AND
CERTIFICATION OF REPRESENTATIVE
BY ACTING CHAIRMAN FANNING AND
MEMBERS KENNEDY AND PENELLO
Pursuant to authority granted the Board under
Section 3(b) of the National Labor Relations Act, as
amended , a three-member panel has considered
objections to an election held on December 7 and 8,
1973,1 and the Hearing Officer 's report recommend-'
ing disposition of same . The Board has reviewed the
record in light of the exceptions and briefs and
hereby adopts the Hearing Officer's findings and
recommendations.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for International Brotherhood
of Pottery and Allied Workers , AFL-CIO, CLC, and
1 The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election . The tally was 45 for, and 37 against , the Petitioner;
there were 10 challenged ballots , a sufficient number to affect the results.
On April 25, 1974, the Board issued a Decision and Order Directing
that, pursuant to Section 9(a) of the National Labor
Relations Act, the said labor organization is the
exclusive representative of all the employees in the
following appropriate unit for the purposes of
collective bargaining in respect to rates of pay,
wages, hours of employment , or other conditions of
employment:
All full-time and regular part-time production
and maintenance employees , including ware-
housemen and truck drivers; but excluding office
clerical , technical and sales employees , guards
and supervisors as defined in the Act , as amend-
ed.
MEMBER KENNEDY, dissenting:
I believe the Hearing Officer committed prejudicial
error when he refused to make available the
statement of witness Duncan to the Employer's
counsel during his redirect examination of Duncan.
In my view, Duncan's hostility to the Employer was
clearly evident, and the Employer's counsel was
entitled to Duncan's affidavit before concluding his
redirect examination. I would order the Region to
make a copy of Duncan's affidavit available to the
Employer's counsel and reopen the hearing for
further questioning of Duncan.
Hearing in the above-entitled matter in which the Board adopted the
Regional Director's recommendation to sustain the challenges to seven
ballots, leaving challenges to three ballots unresolved and insufficient to
affect the results.
216 NLRB No. 32