Barby's Frosted Foods, Inc.

814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A NOTICE TO ALL EMPLOYEES Pursuant to the recommendations ofa Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, we hereby notify our employees that: WE WILL bargain collectively, upon request, with United Packinghouse Workers of America, CIO, as the exclusive representative of all production employees in our plant located at 1801 Leonard Street, Dallas, Texas, including those in the ice cream department and garage, but excluding all office clerical employees, wholesale and retail truckdrivers, all employees in the engineering department, guards, and supervisors as defined in the Act, with respect to rates of pay, wages, hours of employment, and other conditions of employ- ment, and, if an understanding is reached, embody such understanding in a signed agreement. WE WILL bargain collectively, upon request, with International Union of Operating Engineers, Stationary Engineers, Local 707, AFL, as the exclusive representative of all employees in the engineering department at our plant located at 1801 Leonard Street, Dallas, Texas, including the working foreman, but excluding the chief engineer, guards, and supervisors as defined in the Act, with respect to rates of pay, wages, hours of em- ployment, and other conditions of employment, and, if an understanding is reached, em- body such understanding in a signed agreement. WE WILL NOT in any manner interfere with the efforts of the above-named Unions to bargain collectively with us, or refuse to bargain collectively with said Unions as the exclusive representative of all our employees in the respective appropriate bargaining units described above. THE BORDEN COMPANY, Employer. Dated ................ By.................. ........................................................................... (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. BARBY'S FROSTED FOODS, INC. and LOCAL 2, INTERNA- TIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK & DISTILLERY WORKERS OF AMERICA, CIO, Petitioner. Case No. 4-RC-1743. May 7, 1954 SUPPLEMENTAL DECISION AND ORDER Pursuant to a Decision and Direction of Election issued by the Board on May 13, 1953,1 an election was conducted on June 9, 1953, among employees in the appropriate unit at the Em- ployer's plant in Perth Amboy, New Jersey. The tally of ballots showed that, of approximately 46 eligible voters (in- cluding those whose votes were challenged), 27 votes were counted, with 8 for and 19 against the Petitioner, and 18 votes were challenged. iNot reported in printed volumes of Board Decisions and Orders. 108 NLRB No. 112. BAIRD-WARD PRINTING CO., INC. 815 On June 12 the Petitioner filed timely objections to conduct allegedly affecting the results of the election. On July 27 after investigation of the objections and the challenges made at the election, the Regional Director issued his report and recom- mendations on objections and challenges. In this report, to which no exceptions have been filed, the Regional Director referred to this Board for ruling the objections based on conduct which was alleged as unfair labor practices in the complaint pending against the Employer, and recommended that the other objections be overruled and that 10 of the challenges be sustained. As the remaining challenges were not sufficient to affect the results of the election, the Regional Director made no recommendations concerning them. On this day, the,Board has issued its Decision and Order in the complaint case, Barby's Frosted Foods, Inc., 108 NLRB 797, in which the Employer was found to have committed certain 8 (a) (1) and (3) violations based, in part, on conduct which was also the subject matter of the objections referred to the Board. However, as more than a year will have elapsed from the time of the election to the end of the period required for posting of the notices by the Employer respecting the unfair labor practices found, 2 we find that in the circumstances of this case, no useful purpose will be served in making findings with respect to the Petitioner's objections. Accordingly, we shall dismiss the petition without prejudice to the timely filing of a new petition. ORDER IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed without prejudice. Member Rodgers took no part in the consideration of the above Supplemental Decision and Order. 2 Cf. Mike Persia Chevrolet Co., Inc., 107 NLRB 377. BAIRD-WARD PRINTING CO., INC. and NASHVILLE PRINT- ING PRESSMEN AND ASSISTANTS' UNION #37, Petitioner. Case No. 10-RC-2233. May 7, 1954 DECISION AND CERTIFICATION OF RESULTS OF ELECTION On March 10, 1953, pursuant to a stipulation for certification upon consent election, an election by secret ballot was held under the direction and supervision of the Regional Director for the Tenth Region among employees in the stipulated unit. Following the election, a tally of ballots was furnished the 108 NLRB No. 114.