Syracuse Rendering Co.

SYRACUSE RENDERING COMPANY 163 er than the unit sought in its petition, we are administratively advised that the Petitioner has failed to make an adequate showing of interest in the unit of repairmen. Under these circumstances, we will not direct an election in such unit4 Accordingly, we shall dismiss the instant petition. [The Board dismissed the petition.] MEMBER LEEDOM took no part in the consideration of the above Decision and Order. L See Koehring Southern Company, 108 NLRB 1131, footnote 12. Consolidated Rendering Company, d/b/a Syracuse Rendering Company 1 and United Packinghouse Workers of America, CIO, Petitioner Consolidated Rendering Company, d/b/a Syracuse Rendering Company and International Brotherhood of Teamsters, Local 317, Petitioner. Cases Nos. 3-RC-1497 and 3-RC-1501. April14, 1955 DECISION, ORDER, AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Hyman Dishner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. A question exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. In disagreement with the Employer and the International Brotherhood of Teamsters, Local 317, herein referred to as the Teamsters, it is the contention of the United Packinghouse Workers of America, CIO, herein referred to as the Packinghouse Workers, that the appropriate unit should be limited to the production and maintenance workers at the Employer's Syracuse, New York, plant, where the Employer is engaged in the processing of hides, skins, and bones, collected by 12 branch stations located within the State of New 1 The Employer's name appears as amended at the hearing. 112 NLRB No. 31. 369028-56-vol. 112-12 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD York. The Syracuse plant, together with its branch stations, are under the supervision of one man. District Local Union No. 1, Amal- gamated Meat Cutters & Butcher Workmen, AFL, recognized since 1946 as the exclusive bargaining representative for the employees of the Employer at its Syracuse plant and branch stations, ceded at the hearing its jurisdiction over these employees to the Teamsters. The latter urges that only the established multiplant unit is appropriate. On the entire record, the Board finds that the integration, inter- dependence, centralized control of the Employer's operations, and the history of multiplant bargaining, makes inappropriate a unit restrict- ed to the production and maintenance employees at the Syracuse plant.' Accordingly, we shall dismiss the petition in Case No. 3-RC-1497, and find appropriate the broader nnlltiplant unit sought by the Teamsters in Case No. 3-RC-1501. The parties are in disagreement as to the inclusion of the working foremen and the general working foreman, which classifications have in the past been included in the unit. Contrary to the contention of the Packinghouse Workers, the Teamsters would include these em- ployees. The Employer takes no position. There is one working foreman in the hide and skin department, one in the fertilizer department, and one on each of the rendering de- partment's three shifts. The general working foreman supervises the working foremen and is in charge of the feed department. Although the working foremen and the general working foreman do not have the power to hire, discharge, or to effectively recommend such action, they do report rule infractions, regularly assign jobs, and are in charge of their particular departments. In addition, they attend and participate in the monthly staff meetings of supervisors. On the basis of the foregoing, we find the working foremen and the general working foreman to be supervisors within the meaning of the Act, and accordingly shall exclude them from the unit.3 Upon the entire record in this case, we find that the following em- ployees of the Employer at its Syracuse, New York, plant, and its branch stations in New York State, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees, over-the-road truck- drivers, buyers,' assistant buyers, warehousemen, chauffeurs, stock clerks, loadmen, but excluding all office clerical employees, working 2 Fetzer Broadcasting Company, 110 NLRB 316 3 See Harbor Furniture Manufacturing Company, 109 NLRB 794; General Furniture Corporation, 109 NLRB 479 4 There is nothing in the record to indicate that buyers may pledge the credit of the Employer or otherwise are vested with managerial duties Cf. American Locomotive Com- pany, 92 NLRB 115, at 116 SPRAGUE ELECTRIC COMPANY OF WISCONSIN, INC. 165, foremen, general working foreman, buyers in charge,' and other su- pervisors as defined in the Act. [The Board dismissed the petition in Case No. 3-RC-1497.] [Text of Direction of Election omitted from publication.] MEMBER LEEDOM took no part in the consideration of the above Decision, Order, and Direction of Election. 5 Contrary to the contention of the Teamsters and the Employer , we find that the buyers in charge at a number of the branch stations are supervisors within the meaning of the Act It appears that the employees in this classification may be given the power to hire new employees and are in charge of the operation of the branch station. Accordingly, we exclude the buyers in charge from the unit Sprague Electric Company of Wisconsin, Inc. and District No. 10, International Association of Machinists , AFL, Petitioner. Case No. 13-RC-4061. April 14,1955 SUPPLEMENTAL DECISION AND CERTIFICATION OF RESULTS OF ELECTION Pursuant to a Decision and Direction of Election issued by the Board on December 10, 1954, an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Thir- teenth Region, among the employees in the unit found appropriate by the Board. Following the election, the parties were furnished with a tally of ballots which showed that of approximately 75 eligible voters, 69 cast valid ballots, of which 27 were for, and 42 against, the Peti- tioner. There was one void ballot and no challenged ballots. On January 10, 1955, the Petitioner filed timely objections to con- duct by the Employer allegedly affecting the results of the election. On February 2, 1955, the Regional Director issued and duly served upon the parties his report on objections, recommending that the ob- jections be overruled and that the Board certify the results of the elec- tion. On February 10, 1955, the Petitioner filed timely exceptions to the Regional Director's report. In its exceptions, the Petitioner does not contest the Regional Director's factual findings, but substantially reiterates its original objections 1 which alleged as follows: i In its exceptions , the Petitioner, apparently for the first time , also states that it is in possession of certain additional evidence to show that agents of the Employer "used undue influence upon the employees to vote and work against the union," and that an agent of the Employer offered to "take and accept any and all money bets that the union was going to lose." As these constitute essentially new objections not timely filed with respect to the election , they are hereby overruled National Container Corporation of Wisconsin, 99 NLRB 1492, at 1495 112 NLRB No 32.