Latrobe Foundry Machine & Supply Co.

68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Trial Examiner clearly is not empowered to overrule such rulings . No new issue was raised at the hearing before the Trial Examiner which , so far as the documents in evidence show, has not already been considered and passed upon by the Board. The Trial Examiner therefore concludes and finds that since November 22, 1954, the Respondent has refused to bargain collectively with the Union as the exclusive representative of all employees in the appropriate unit, and that by such refusal it has interfered with, restrained, and coerced its employees in the exercise of rights guaranteed by the Act. IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section III, above , occurring in con- nection with the operations of the Respondent described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE REMEDY It has been found that the Respondent has engaged in the unfair labor practice of refusing to bargain collectively with the chosen representative of its employees. It will therefore be recommended that it cease and desist therefrom and from like and related conduct. It will be further recommended that the Respondent bargain collectively, upon request, with the Union as the exclusive representative of its employees in the aforesaid appropriate unit. Upon the basis of the foregoing findings of fact , and upon the entire record in the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. Local 528, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL, is a labor organization within the meaning of Section 2 (5) of the Act. 2. All production and maintenance employees of the Respondent at its Dallas, Texas, plant, including janitors, porters, cleanup men, and truckdrivers, but exclud- ing office clericals, outside salesmen , cattle buyers, professional employees, guards, watchmen, working foremen, plant manager, superintendent, partners, and all other supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of the Act. 3. Local 528 , Amalgamated Meat Cutters and Butcher Workmen of North America, AFL, was, on November 19, 1954, and at all times since then has been, the exclusive representative of all employees in the aforesaid unit for the purposes of collective bargaining within the meaning of Section 9 (a) of the Act. 4. By refusing on and after November 22, 1954 , to bargain collectively with the aforesaid Union as the exclusive representative of all employees in the appropri- ate unit, the Respondent has engaged in and is engaging in an unfair labor practice within the meaning of Section 8 (a) (5) of the Act. 5. By the aforesaid unfair labor practice, the Respondent has interfered with, restrained, and coerced its employees in the exercise of rights guaranteed in Sec- tion 7 of the Act, thereby engaging in an unfair labor practice within the meaning of Section 8 (a) (1) of the Act. 6. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] Latrobe Foundry Machine & Supply Co . and United Electrical, Radio & Machine Workers of America (UE), Petitioner. Case No. 6-RC-1515. April 8, 1955 ORDER On March 18, 1955, the Board issued a Decision and Direction of Election i in the above-entitled proceeding. Thereafter, on March 1 111 NLRB 1010. 112 NLRB No. 22. KEARNEY & TRECKER CORPORATION 69 30, 1955, counsel for International Union, United Automobile, Air- -craft and Agricultural Implement Workers of America, UAW-CIO, filed a motion for reconsideration of its motion to intervene herein with three employee affidavits attached, and, upon reconsideration, it be accorded a place on the ballot for the directed election. On April 4, 1955, the Petitioner filed opposition thereto. The Board having duly considered the matter, IT IS HEREBY ORDERED that the said motion for reconsideration be, and it hereby is, denied; and IT IS FURTHER ORDERED that the aforesaid Decision and Direction of Election be, and it hereby is, amended by striking the language contained in footnote 3 in its entirety and substituting therefor the following language : 'For the reasons set forth in Walterboro Manufacturing Cor- poration, 106 NLRB 1383, we find that the watchman-janitor is a guard within the meaning of the Act and, accordingly, we exclude him from the unit. By direction of the Board : OGDEN W. FIELDS, Associate Executive Secretary. Kearney & Trecker Corporation and Local #1083, United Auto- mobile, Aircraft and Agricultural Workers of America, CIO, Petitioner Kearney & Trecker Corporation and Local #1083, United Auto- mobile, Aircraft and Agricultural Workers of America, CIO, Petitioner. Cases Nos. 13-RC-3837 and 13-RC-39?2. April 11, 1955 DECISION AND ORDER Upon separate petitions filed under Section 9 (c) of the National Labor Relations Act, as amended, a consolidated hearing in the above- entitled cases was held before Louis Libbin, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' On March 1, 1955, the Board, at Washington, D. C., heard oral argument in which all parties participated. 1 After the close of the hearing the Petitioner and the Employer filed separate motions to reopen the record to introduce certain postbearmg correspondence with respect to the closing of a commissary and the discontinuance of certain welfare benefits , as more fully set forth hereinafter No objection was made to these motions . Under the circumstances, the motions are hereby granted and the faetq established by such correspondence are hereby made part of the record in this proceeding 112 NLRB No. 16.