U. S. Manufacturing Corp.

National Labor Relations Board - Board Decisions

Jul 30, 1976

225 N.L.R.B. 798 (N.L.R.B. 1976)

798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
U. S. Manufacturing Corporation and International
Union, United Automobile, Aerospace and Agricul-
tural Implement Workers of America (UAW), Peti-
tioner . Case 7-RC-13310
July 30, 1976
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND PENELLO
Pursuant to the authority granted it under Section
3(b) of the National Labor Relations Act, as amend-
ed, a three-member panel has considered determina-
tive challenges in an election held on December 17,
1975,' and the Hearing Officer's report recom-
mending disposition of same. The Board has re-
viewed the record in light of the Employer's excep-
tions and brief, and hereby adopts the Hearing
Officer's findings I and recommendations.'
i The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election The original tally was 21 for, and 16 against, the
Petitioner ; there were 8 challenged ballots , a sufficient number to affect the
results of the election In view of our adoption of the Hearing Officer's
findings sustaining four challenges , the remaining challenges are not suffi-
cient to affect the results of the election
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for International Union, Unit-
ed Automobile, Aerospace and Agricultural Impe-
ment Workers of America (UAW), and that, pur-
suant to Section 9(a) of the Act, the foregoing 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, and other terms
and conditions of employment:
All production and maintenance employees in-
cluding shipping and receiving employees and
truck drivers employed by the Employer at
17755 Masonic Boulevard, Fraser, Michigan;
but excluding office clerical employees, guards
and supervisors as defined in the Act.
2 The Employer has excepted to certain credibility resolutions of the
Hearing Officer It is the established policy of the Board not to overrule a
Hearing Officer's credibility resolutions unless the clear preponderance of
all the relevant evidence convinces us that the resolutions are not correct
The Coca-Cola Bottling Company of Memphis 132 NLRB 481, 483 (1961),
Stretch-Tex Co, 118 NLRB 1359, 1361 (1957) We find no sufficient basis
for disturbing the credibility resolutions in this case
3 In the absence of exceptions thereto , we adopt, pro forma, the Hearing
Officer's recommendation that the challenge to the ballot of Tom Miscovich
be overruled.
225 NLRB No. 109