Certainteed Corp.

438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Certainteed Corporation and Glass Bottle Blowers Association of the United States and Canada, AFL-CIO, Petitioner. Case 10-RC-1650 March 13, 1980 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN FANNING AND MEMBERS JENKINS AND TRUESDALE Pursuant to authority granted it by the National Labor Relations Board under Section 3(b) of the National Labor Relations Act, as amended, a three- member panel has considered objections to an elec- tion held on February 15 and 16, 1979,1 and a Hearing Officer's report recommending disposition of same. The Board has reviewed the record in light of the exception and briefs, and hereby adopts the Hearing Officer's findings 2 and recommenda- tions. 3 ' The election was conducted pursuant to a Stipulation for Certifica- tion Upon Consent Election. The tally was: 180 for, and 144 against, the Petitioner; there were 2 challenged ballots, an insufficient number to affect the results. On August 14, 1979, the Board issued a Decision and Order Directing Hearing wherein it adopted the Regional Director's report recommending that all employer objections, except Objections III and VI, be overruled and that Objections I and VI be set for a hearing, which was held on September 13, 1979. 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 of the relevant evidence convinces us that the resolutions are incor- rect. The Coca-Cola Bottling Company of Memphis, 132 NLRB 481, 483 (1961); Stretch-Tex Co., 118 NLRB 1359, 1361 (1957). We find no suffi- cient basis for disturbing the credibility resolutions in this case. 248 NLRB No. 64 CERTIFICATION OF RESULTS OF ELECTION It is hereby certified that a majority of the valid ballots have been cast for Glass Blowers Associ- ation of the United States and Canada, AFL-CIO, and that, pursuant to Section 9(a) of the National Labor Relations Act, as amended, the said labor organization is the exclusive representative of all the employees in the following appropriate unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions or employment. All hourly paid production and maintenance employees employed by the Employer at its Athens, Georgia, facility, excluding office clerical employees, professional employees, guards and supervisors as defined in the Act. s In adopting the Hearing Officer's recommendation that Objection III be overruled, we do not rely on his finding that Thomas' conduct, which is not to be condoned, did not warrant setting aside the election because the employees, if any, witnessing the behavior were too few in number to affect the election results. We do rely, however, on his findings that Thomas' conduct did not breach the principle of Milchem, Inc., 170 NLRB 362 (1968), and that such conduct, under the circumstances, had no impact on the election.