Continental Can Co., Inc.

National Labor Relations Board - Board DecisionsFeb 20, 1959

122 N.L.R.B. 1550 (N.L.R.B. 1959)

1550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Continental Can Company , Inc. and United Steelworkers of America, AFL-CIO, Petitioner. Case No. 9-RC-3452. Febru- ary 20, 1959 AMENDMENT TO DECISION AND ORDER, AND DIRECTION OF ELECTION The Board on January 7, 1959, issued a Decision and Order in the above-entitled case, denying the Petitioner's election requests involv- ing a group of employees, including an industrial nurse, at the Em- ployer's Sharonville, Ohio, plant. On January 13, the Petitioner moved for reconsideration of such Decision and Order insofar as it denied a self-determination election for the industrial nurse. The Employer opposed the motion. In the circumstances, as it appears from the briefs that both parties in effect agreed that the industrial nurse involved is a professional employee as defined in the Act, and as the Petitioner has made a separate showing of interest for her, we shall 'grant the motion for reconsideration and direct a self- determination election for the nurse as to her inclusion in the Peti- tioner's existing office clerical unit.' Otherwise, she shall remain unrepresented. Accordingly, our prior Decision and Order is hereby amended to the extent inconsistent herewith 2 and supplemented to include the following Direction. [Text of Direction of Election omitted from publication.] MEMBERS BEAN and FANNING took no part in the consideration of the above Amendment to Decision and Order, and Direction of Election. 1 Etjer Co., 108 NLRB 1417; American Locomotive Company, 92 NLRB 115, 117; see also Koehring Southern Company , 108 NLRB 1131 ; The Timken -Detroit Awle Company, 95 NLRB 736 , 739; and Florence Stove Company , 94 NLRB 1434. Cf. Cherokee Textile Mills, Inc., 117 NLRB 350. To the extent that the decision in The Bailey Department Stores Co ., 120 NLRB 1239, is inconsistent with our holding herein, it is hereby expressly overruled. 3 The petition herein is hereby reinstated for the purpose of directing the instant election. 122 NLRB No. 182. The Colson Corporation and International Association of Ma- chinists , AFL-CIO , Petitioner . Case No. 32-RC-1158. Febru- ary 20, 1959 SUPPLEMENTAL DECISION, DIRECTION, AND ORDER Pursuant to a Decision and Direction of Election issued on Sep- tember 30, 1958,' an election by secret ballot was conducted among 1 Unpublished. 122 NLRB No. 181.