Virginia-Carolina Chemical Corp.

956 DECISIONS, OF NATIONAL LABOR 'RELATIONS BOARD ing voting group : All dispatchers 5 and full- and regular part-time order takers at the Employer's Minneapolis, Minnesota, taxicab opera- tion, excluding office,clerical employees, drivers, all other employees, guards, and supervisors . as defined in the Act. If a majority of the employees in the voting group vote for the Petitioner, they will be taken to have indicated their desire to be in- cluded in the unit now represented by the Petitioner, and the Regional Director conducting the election herein is instructed to issue a certifi- cation of results to that effect. In the event a majority vote 'for the Intervenor, these employees will be taken' to have indicated their desire to remain in the unit represented by the Intervenor and the Regional Director will issue a certification of results to that effect. [Text of Direction of Election omitted from publication.] 5 Part-time dispatchers, who are also drivers and currently represented by the Peti' tioner in its established unit, are excluded from the voting group. Virginia-Carolina Chemical Corporation and Southern Confer- ence . of Teamsters, Petitioner and International Chemical Workers Union, AFL-CIO, Local 36. Case No. 12-RC-866. August 11, 1961 ORDER AMENDING CERTIFICATION OF REPRESENTATIVES Pursuant to the Decision and Direction of Election' issued by the Board on August 5, 1960, an election was held among the Employer's employees at its Concentrated Superphosphate Plant and Mining Division in Nichols, Homeland, and Clear Springs, Florida. On December 2, 1960, a runoff election was held. Thereafter, on Decem- ber 12, 1960, the Petitioner, having received a majority of the valid votes cast in the runoff election, was certified as the exclusive bargain- ing representative in a unit of the aforementioned employees. On February 2, 1961, the Petitioner filed a motion to amend the certifica- tion by substituting the name "Phosphate Workers Union, Local 308, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America." The Employer filed objec- tions to the motion, alleging mainly that the petition affirmatively showed on its face that the employees in the bargaining unit affected were not made aware, prior to the election, that Petitioner's name would be deleted from the certification upon the formation of the. 1128 NLRB 446. 132 NLRB No. 74. TUALATIN VALLEY BUSES, INC. 957 local union. The Board, having considered the matter, makes the following finding. It is stated clearly in the declaration and signature to the petition, as follows : "Southern Conference of Teamsters (As soon as Petitioner has been certified, the International will issue a charter for a local Union, which will be delegated bargaining rights)." As insufficient cause has been asserted by the Employer why the Board should not amend the certification to reflect the new name of the certified repre- sentative, we shall grant the motion to amend .2 [The Board amended the Certification of Representatives issued to Southern Conference of Teamsters by substituting therein "Phosphate Workers Union, Local 308, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America" for "Southern Conference of Teamsters."] 2 See Unwersity Metal Products Co., Inc., 102 NLRB 1567; The Procter and Gamble Manufacturing Company, 130 NLRB 633. Cf Standard Oil Company, 127 NLRB 656; Dickey, formerly d/b/a Ohio Hoist and Mfg. Co . v. N.L.R.B., 217 F. 2d 652 ( C.A. 6). Tualatin Valley Buses, Inc. and Teamsters & Chauffeurs Local No. 281, International Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers of America, Ind., Petitioner 1 Inter-City Buses, Inc. and Teamsters & Chauffeurs Local No. 281, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Ind., Petitioner. Cases Nos. 36-RC-1618 and 36-RC-1622. August 14, 1961 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9(c) of the Na- tional Labor Relations Act, separate hearings were held before E. G. Strumpf, hearing officer.2 The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with these cases to a three- member panel [Chairman McCulloch and Members Rodgers and Fanning]. Upon the entire record in these cases, the Board finds : 1. The Employers are engaged in commerce within the meaning of the Act. 1 The name of the Petitioner appears as amended at the hearing. 2 At the hearing in Case No . 36-RC-1622 the parties moved that Case No 36-RC-1618 be consolidated with that proceeding and that the record in Case No 36-RC-1618 be adopted as part of the evidence in that case We hereby grant the motion and accord- ingly order that the above-captioned cases be consolidated. 132 NLRB No. 81.