Wilson & Toomer Fertilizer Co.

National Labor Relations Board - Board Decisions

Mar 25, 1959

123 N.L.R.B. 384 (N.L.R.B. 1959)

384 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
Wilson & Toomer Fertilizer Company and International Chemi-
cal Workers Union , AFL-CIO, Petitioner . Case No. 12-RC-384.
March 25, 1959
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Board Decision and Direction of Election 1 issued
on December 19, 1958, an election by secret ballot was conducted on
January 15, 1959, under the direction and supervision of the Re-
gional Director for the Twelfth Region of the National Labor Rela-
tions Board among the employees in the unit therein found appro-
priate. Following the election, the parties were furnished a tally of
ballots which showed that of approximately 151 eligible voters, 126
cast ballots for the Petitioner, and 21 cast ballots against the Peti-
tioner. Seven ballots were challenged, a number insufficient to affect
the results of the election. No void ballots were cast.
On January 20, 1959, the Employer filed timely objections to the
election, consisting of two objections. Pursuant to the Board's Rules
and Regulations, the Regional Director investigated the objections
and on February 3, 1959, issued and duly served upon the parties
his report on objections. In his report the Regional Director recom-
mended that the objections be overruled, and the Petitioner certified
as the representative of the employees in the unit formed appropriate
by the Board. On February 11, 1958, the Employer filed timely
exceptions to the Regional Director's report on objections.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Rodgers, Bean, and Fanning].
Upon the entire record in this case, the Board finds :
As the appropriateness of the unit was fully litigated and con-
sidered by the Board we do not deem it necessary to reconsider it
and, in agreement with the Regional Director's recommendation, we
shall overrule the Employer's first objection.
As the alleged threatening letters were received by employees
prior to the date of Board's Decision and Direction of Election
herein, in accord with Board policy the parties are estopped from
protesting such conduct in this postelection proceeding.2 Accord-
ingly, in agreement with the Regional Director's recommendation, we
shall overrule the Employer's second objection.
i Unpublished.
2 The Great Atlantic and Pacific Tea Company , 101 NLRB 1118; and F. W. Woolworth
Co., 109 NLRB 1446.
123 NLRB No. 46.
BLUDWORTH CONSTRUCTION COMPANY, INC. 385
As the Petitioner received a majority of the valid votes cast in
the election, we shall certify it as representative of the employees in
the appropriate unit.
[The Board certified International Chemical Workers Union,
AFL-CIO, as the designated collective-bargaining representative of
the employees in the appropriate unit which includes all production
and maintenance employees at the Employer's Jacksonville, Florida,,
Wilson & Toomer Fertilizer plant, excluding all production and
maintenance employees of Florida Agricultural Supply Company,,
office clerical employees, technical and professional employees, all
management employees, guards, and supervisors as defined in the
Act.]
Bludworth Construction Company, Inc. and Seafarers' Inter-
national Union of North America, Atlantic and Gulf District,
Harbor and Inland Waterways Division , AFL-CIO. Case No.-
39-CA-682. March 26, 1959
DECISION AND ORDER
On June 16, 1958, Trial Examiner Reeves R. Hilton issued his.
Intermediate Report in the above-entitled proceeding, finding that
the Respondent had engaged in and was engaging in certain unfair
labor practices, and recommending that it cease and desist therefrom,
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. The Trial Examiner also
found that the Respondent had not engaged in certain other unfair
labor practices as alleged in the complaint and recommended that
these allegations of the complaint be dismissed. . Thereafter, the.
Respondent filed exceptions to the Intermediate Report and a sup-.
porting brief.
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings, except as noted hereinafter, are hereby affirmed. The.
Board has considered the Intermediate Report, the exceptions and
brief, and the entire record in this case, and hereby adopts the-
findings, conclusions, -and recommendations of the Trial Examiner,
only to the extent consistent with our decision herein.
1. The Trial Examiner found that the Respondent violated Section
8 (a) (1) of the Act by, inter alia, (a ) interrogating Collier concerning-
his union activities, and (b) urging him to quit if he were dis-.
123 NLRB No. 40.
508889-60vol. 123-26