Drennon Food Products Co.

!624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1. United Brotherhood of Carpenters & Joiners of America, Local Union No. 978, AFL-CIO; International Hod Carriers, Building & Common Laborers Union of America, Local No. 676, AFL-CIO; and United Association of Journeymen & Apprentices of the Plumbing :and Pipefitting Industry of the U. S. & Canada, Local No. 178, AFL-CIO, and their agents are not, and have not been lawfully en- titled to force or require Markwell & Hartz Contractors to assign the disputed work to their members rather than to the employees assigned to that work by Markwell & Hartz Contractors, who are not mem- bers of the said Respondents. 2. Within ten (10) days from the date of this Decision and Determi- nation of Dispute, Respondents Local 978 of the Carpenters, Local 676 ,of the Laborers, and Local 178 of the Plumbers (Pipefitters) shall notify, in writing, the Regional Director for the Seventeenth Region of the National Labor Relations Board whether or not they will re- frain from forcing or requiring Markwell & Hartz Contractors, by -means proscribed by Section 8 (b) (4) (D) of the Act, to assign the work in dispute on their projects in Springfield, Missouri, to their members rather than to employees assigned to that work by Markwell .& Hartz Contractors, who are not members of the Respondent Unions. 3. Notice of hearing as to the International Union of Operating Engineers, Hoisting and Portable Local No. 16-16B, AFL-CIO, here- tofore issued herein, be, and it hereby is quashed. CHAIRMAN LEEDOM and MEMBER BEAN took no part in the considera- tion of the above Decision and Determination of Dispute. Drennon Food Products Co. and Local 60, Bakery & Confection- ery Union,' Petitioner. Case No. 10-RC-3832. April 25,1958 DECISION AND ORDER Following an election conducted on May 9, 1957 , pursuant to a ,stipulation for certification upon consent election , the Petitioner was ,certified on May 17, 1957, as the collective-bargaining representative of the Employer's employees in the agreed appropriate unit . There- after, under date of March 8, 1958 , Local Union #60, American Bakery and Confectionery Workers International Union, AFL-CIO, herein called the Moving Party, filed with the Board its motion for amendment of certification, alleging in substance that on December 12, 1957, Bakery and Confectionery Workers International Union, herein called BCW, was expelled from the AFL-CIO which there- 1 The Board having been notified by the AFL-CIO that it deems the Bakery Workers' certificate of affiliation revoked by convention action, the identification of the Petitioner is hereby amended. 120 NLRB No. 88. JOHN W. GALBREATH & CO. 625 upon issued a charter to American Bakery and Confectionery Workers International Union, AFL-CIO, herein called ABC; that on Decem- ber 21, 1957, the membership of Local 60 voted to disaffiliate from BCW and to affiliate with ABC; and that a charter was thereafter issued to the Local as Local Union #60, ABC. On the basis of the foregoing allegations, the Moving Party asserts that it is the same entity as, and a continuation of, the Petitioner herein and that the certification heretofore issued in this proceeding should therefore be amended to reflect the change in name of the certified representative. The Employer and BCW have filed statements in opposition to the motion. Subsequently, BCW withdrew it opposition. It is clear from the foregoing that the allegations contained in the moving party's motion constitute an attempt to raise a question con- cerning representation which the Moving Party requests that we re- solve by amending the certification. However, as the Board has explicitly stated,2 "both the Act and the Board's policy require that such matters be determined through a petition and secret ballot of the employees concerned." In accordance with established Board policy, we shall therefore deny the motion. [The Board denied the motion for amendment of certification.] a 11'eatherhead Company of Antwerp, 106 NLRB 1266, 1267; see also R. M Hollings- head Corporation, 111 NLRB 840, and cases cited therein. John W. Galbreath, d/b/a John W. Galbreath & Co. and United Brotherhood of Carpenters and Joiners of America, Carpenters District Council of Pittsburgh and Vicinity, AFL-CIO, Peti- tioner. Case No. 6-RC-1980. April 25, 1958 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before H. G. Borchardt, 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 : The Petitioner seeks a craft unit of 4 carpenters who are part of a group of some 300 office building service and maintenance employees employed by the Employer in managing "525 William Penn Place," an office building in Pittsburgh, Pennsylvania. The Employer contends that its operations do not meet the Board's jurisdictional standards. The Employer's basic business involves real ' The request for oral argument by the Employer is hereby denied as the record and briefs in our opinion adequately present the issues and the positions of the parties. 120 NLRB No. 84. 483142-59-vol. 120- 41