National Trucking Co.

NATIONAL TRUCKING COMPANY 837 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. There are approximately 10 or 12 employees at Youngstown in addition to 2 clerical employees, a shop foreman, an assistant man- ager, and the manager. The Petitioner seeks a unit of all hourly paid -employees at Youngstown, excluding office and plant clericals, pro- fessional employees, guards, and supervisors. The - Employer, al- though it does not stipulate to the appropriateness of the unit, does not contest its appropriateness. We find that the following employees of Youngstown Tent and Awning Company, and/or Youngstown Tent and Awning Company, a division of Wagner Awning and Manufacturing Company, Youngs- town, Ohio, constitute a unit appropriate for the purpose of collective bargaining within the meaning of the Act : All hourly employees ex- 'eluding all office and plant clerical employees, professional employees, guards, and supervisors as defined in the Act. ,[Text of Direction of Election omitted from publication.] NATIONAL TRUCKING COMPANY, PETITIONER and TRUCK DRIVERS AND HELPERS LOCAL UNION No. 728, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS*OF AMERICA, AFL. Case No. 10-RM-162. November 9,1954 Supplemental Decision and Certification of Results of Election Pursuant to a Decision and Direction of Election issued by the Na- tional Labor Relations Board on August 10, 1954, an election by secret ballot was conducted by the Regional Director for the Tenth Region on August 30 and 31, 1954, among the truckdrivers, shop employees, and yardmen at the Employer's Hapeville, Georgia, terminal. Upon the conclusion of the election, a tally of ballots furnished the parties showed that, of approximately 98 eligible voters, none cast valid bal- lots for the Union, 62 cast valid ballots against the Union, and 26 bal- lots were challenged. On September 8, 1954, the Union filed with the Regional Director timely objections to the election. Thereupon, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation. On September 29, he issued and duly served upon the parties his report on objections to election, in which he recommended that the objections be overruled in their entirety and that the Board certify the results of the election. On October 11, 1954, the Union filed timely exceptions to the report, renewing, in substance, the contentions set forth in the objections. 110 NLRB No. 137. 838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in this case, including the Union's objections, the report on objections, and the Union's exceptions, the Board finds : The Union's principal contention, in effect, is that, for the purpose of defeating the Union's organizing activities, the Employer, prior to the election, contracted out work previously performed by em- ployees in the bargaining unit, and that, in so doing, the Employer coerced, intimidated, and discouraged the employees to such extent that they could not exercise a free choice at the election. Prior to the. election, on August 12, 1954, the Union filed an unfair labor practice charge against the Employer based upon the same matters involved in the instant objections case. This charge was dismissed by the Regional Director on August 16,1954. A timely appeal was taken from this dismissal. Thereafter, on October 11, 1954, the General Counsel sustained the Regional Director's dismissal. As the identical allegations before us were made the subject of the Union's unfair labor practice charge, which on appeal was dismissed by the General Counsel, we shall, in accordance with our usual proce- dure, overrule the Union's contentions.' On the basis of the foregoing, and upon the entire record herein, we find that the objections and exceptions of the Union raise no sub- stantial or material issue with respect to the election in this case.. Accordingly, as we have overruled the objections, as the challenges are insufficient to affect the results of the election, and as the tally of ballots shows that a majority of the valid ballots has not been cast for the Union, we shall, pursuant to the Regional Director's recom- mendation, certify the results of election. [The Board certified that a majority of the valid ballots was not cast for Truck Drivers and Helpers Local Union No. 728, Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, and that the said labor organization is not the exclusive representative of the above employees.] i Westchester Broadcasting Corporation, 95 NLRB 1057. NATIONAL TRIICS RENTAL COMPANY, INC . and LOCAL 639, INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, AND DISTRICT LODGE No. 67, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL (LOCAL 1486), PETI- TIONERS. Case No. 5-RC-1397. November 9, 1954 Second Supplemental Decision and Certification of Representatives On July 23, 1954, pursuant to a Supplemental Decision, Order, and Second Direction of Election issued by the Board in the above-entitled 110 NLRB No. 120.