The Colson Corp.

National Labor Relations Board - Board Decisions

Feb 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 Eller Co., 108 NLRB 1417; American Locomotive Company, 92 NLRB 115, 117; see
also Koehring Southern Company, 108 NLRB 1181; The Timken-Detroit Aele Company,
95 NLRB 736, 739; and Florence Stove Company, 94 NLRB 1434 . Cf. Cherokee Tewtile
Mi118, 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.
2 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. 82 RC--1158. Febru-
ary 20, 1959
SUPPLEMENTAL DECISION, DIRECTION, AND ORDER
Pursuant to a Decision and Direction of Election issued on Sep-
tember 30, 1958,1 an election by secret ballot was conducted among
1 Unpublished.
122 NLRB No. 181.
THE COLSON CORPORATION 1551
certain employees of the Employer, on October 16, 1958, under the
direction and supervision of the Regional Director for the Fifteenth
Region. At the conclusion of the election, the parties were furnished
with a tally of ballots which shows that 109 ballots were cast, of
which 54 were for, and 51 were against, the Petitioner, and 4 were
challenged.
The challenges were sufficient in number to affect the results of the
election. On October 17, 1958, the Petitioner filed timely objections
to the election. After investigation of the objections and challenges,
the Regional Director, on December 2, 1958, issued and served upon
the parties his report on objections and challenged ballots. On
December 29, 1958, the Employer filed exceptions to the Regional
Director's report.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this proceeding to a
three-member panel [Members Rodgers, Bean, and Jenkins].
The Regional Director found in his report that the objections
filed by the Petitioner were without merit, and accordingly, recom-
mended that they be overruled. As no exceptions were filed to this
recommendation, we adopt it.
Regarding the challenges, the Regional Director found that em-
ployees Lofton and Carter were not supervisors and recommended
that the challenges to their ballots be overruled. He also found that
Roddy and Westmoreland were supervisors and recommended that
the challenges to their ballots be sustained. The Employer has ex-
cepted only to the finding by the Regional Director that Westmore-
land is a supervisor.
As no exceptions were filed to the recommendations concerning
Lofton and Carter, we adopt the Regional Director's recommendation
in those cases. Accordingly, we overrule the challenge to those
ballots, and shall direct that those ballots be opened and counted.
As no exception was filed to the recommendation concerning Roddy,
we adopt 'the Regional Director's recommendation in that case, and
sustain the challenge to Roddy's ballot. In Westmoreland's case, we
believe that certain material and substantial issues of fact have been
raised in connection therewith which may best be resolved by a
hearing. In the circumstances, we shall order that a hearing be
held to determine Westmoreland's status if it becomes apparent
that his ballot will be determinative of the election results.
[The Board directed that the Regional Director for the Fifteenth
Region shall, pursuant to the National Labor Relations Board Rules
and Regulations, within 10 days from the date of this Direction,
open and count the ballots of Lofton and Carter, and serve upon the
parties a revised tally of ballots.]
1552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[The Board further ordered that, in the event the ballots of Lofton
and Carter do not determine the results of the election, a hearing be held:
before a hearing officer, to be designated by the Regional Director
for the Fifteenth Region, for the purpose of resolving the issues
raised by the challenge to Westmoreland's ballot.]
[The Board further ordered that, in the event a hearing is held, the
hearing officer shall serve upon the parties a report containing resolu-
tions of the credibility of witnesses, findings of fact, and recommenda-
tions to the Board as to the disposition of said challenge. Within 10
days from the date of issuance of the report, any party may file with the
Board in Washington, D.C., an original and six copies of exceptions
thereto. Immediately upon the filing of such exceptions, the party
filing shall serve a copy thereof upon each of the parties, and shall
file a copy with the Regional Director. If no exceptions are filed
thereto, the Board will adopt the hearing officer's recommendations.]
[The Board further ordered the above-entitled matter referred to
the said Regional Director for the purpose of arranging such.
hearing.]
Alaska Salmon Industry, Inc., and Its Member Employers and
Domingo Aris, Lawrence Aris, Venancio Balangue , Pedro M.
Candido, Andres T. Dison , Pablo Elustre , Segundo A . Martinez,
Frank Tahija, Lorenzo Toledo , Vincent B. Valdehueza, and
Peter Patrick Mendelsohn and International Longshoremen's
and Warehousemen's Union , Local No . 37, Party to the Con-
tract. Cases Nos. 19-CA-1491,19-CA-1491-1 to 19-VA-1M-10,
respectively. February 25, 1959
DECISION AND ORDER
On March 28, 1958, Trial Examiner Maurice M. Miller issued his
Intermediate Report in. the above-entitled proceeding, finding that
the Respondents had engaged in and were engaging in certain unfair-
labor practices, and recommending that they cease and desist there
from and take certain affirmative action, as set forth in the copy
of the Intermediate Report attached hereto. Thereafter, the Re-
spondent and the General Counsel entered into a settlement stipula-
tion providing for the issuance of a Board Decision and Order and
consent decree by a court of appeals. The Board issued its Decision
and Order on May 21, 1958, and the Court of Appeals for the Ninth
Circuit entered a consent decree on July 21, 1958.
The Trial Examiner also found that the Respondents had not
engaged in certain other unfair labor practices alleged in the com-
122 NLRB No. 183.