Parker Brothers & Co., Inc.

84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. By discharging Joseph Kelly on August 28, 1952, Respondent violated Sec- tion 8 (a) (1) and 8 (a) (3) of the Act. 2. The aforesaid unfair labor practices are unfair labor practices within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] PARKER BROTHERS & COMPANY, INC. and SHELL WORKERS' INDEPEND- ENT UNION, PETITIONER . Case No. 39-RC-791. September 28,195 Decision and Certification of Representatives Pursuant to a stipulation for certification upon consent election, an election by secret ballot was conducted on June 2, 1954, among the employees in the stipulated unit. At the conclusion of the election, the parties were furnished a tally of ballots which showed that of 399 eligible voters, 302 cast ballots, of which 232 were for the Petitioner, 27 were for the Intervenor, Houston Metal Trades Council, AFL, 9 were for the Intervenor, United Stone and Allied Products Workers of America, CIO, 4 were against both labor organizations, 4 were void, and 26-a number insufficient to affect the results of the elec- tion-were challenged. Thereafter, the Intervenors timely filed separate objections to con- duct allegedly affecting the results of the election. The Regional Director investigated the issues raised by the said objections, and on June 18, 1954, issued and duly served upon the parties his report on objections to conduct affecting the results of election in which he recommended that the Intervenors' request for formal hearing be denied and that the results of the election be certified. Thereafter, Houston Metal Trades Council, AFL,' filed timely exceptions to the Regional Director's report. The Board has considered the Regional Director's report on objec- tions, the exceptions filed by Houston Metal Trades Council, AFL, and the entire record in the case, and hereby makes the following findings : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved herein claim to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 1 Although United Stone and Allied Products Workers of America, CIO, filed objections to conduct allegedly affecting the results of the election, it did not file exceptions to the Regional Director's report. 110 NLRB No. 15. DAVISON CHEMICAL COMPANY 85 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. All employees employed at all of the Employer's plants and facil- ities, including the Engle Street plant, Greens Bayou Batch plant, Harrisburg plant, Clay Road plant, Holmes Road plant, Columbus plant, Dickinson plant, San Leon plant, shipyard, Highway 73 plant; all employees employed on all of the Employer's vessels, including the dredges Trinity I, Trinity II, Echo, Raymond (Kilgore 3), the der- rick barges, old and new, Fred S. Robbins, the tugs Lavinia, Gertrude, Edna May, Annie 0., Billy C., IlifF, Allan W., Sharon, Cindy, Jim F. Newell, and the Clarence H. Brown; and the yacht Mary Gene II, and all employees employed on vessels manned and operated by the Em- ployer, but excluding all office clerical employees, technical and pro- fessional employees, guards, and supervisors as defined in the Act. 5. For the reasons stated by the Regional Director in his report, we find that the exceptions filed by Houston Metal Trades Council, AFL, do not raise substantial and material issues with respect to the conduct or results of the election. Accordingly, the objections are hereby overruled and the request for a hearing on the objections is hereby denied. Because, as the tally of ballots shows, a majority of the ballots were cast for the Petitioner, we shall certify it as the exclusive bargaining representative of all the employees in the appropriate unit. [The Board certified the Shell Workers' Independent Union as the designated collective-bargaining representative of the employees of Parker Brothers & Company, Inc., Houston, Texas, in the unit herein found appropriate.] CHAIRMAN FARMER and MEMBER MURDOCK took no part in the con- sideration of the above Decision and Certification of Representatives. CINCINNATI DIVISION, DAVISON CHEMICAL COMPANY, DIVISION OF W. R. GRACE & COMPANY and DISTRICT LODGE No. 34, LODGE No. 162, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, PETITIONER and WAREHOUSE, PRODUCTION & MAINTENANCE EMPLOYEES LOCAL UNION No. 661, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL. Case No. 9-RC-P258. September 29, 1954 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Harold M. Kennedy, 110 NLRB No. 16.