Cuyahoga, Lake Geauga and Ashtabula Counties Carpenters District Council, Etc.

288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All our employees are free to become , remain, or to refrain from becoming or remaining members of the above -named or any other labor organization. TELE-TRIP COMPANY, INC., Employer. Dated------------------- By------------------------------------------- (Representative ) (Title) NoTE.-We will notify the above-named employees if presently serving in the Armed Forces of the United States of their right to full reinstatement upon applica- tion in accordance with the Selective Service Act and the Universal Military Training and Service Act of 1948, as amended , after discharge from the Armed Forces. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Employees may communicate directly with the Board's Regional Office, Sixth Floor, 707 North Calvert Street, Baltimore, Maryland, Telephone No. 752-8460, Extension 2100, if they have any question concerning this notice or compliance with its provisions. Cuyahoga, Lake Geauga' and Ashtabula Counties Carpenters District Council United Brotherhood of Carpenters and Join- ers of America, AFL-CIO; Local 11, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Local 182, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Local 105, United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Local 404, United Brotherhood of Carpenters and Joiners of America, AFL-CIO and Berti Company. Case No. 8-CC-16P2. March 6, 1964 SUPPLEMENTAL DECISION AND ORDER On July 29, 1963, the Board issued a Decision and Order i in the above-entitled proceeding finding, inter alia, that all of the above- named Respondents were responsible for engaging in unfair labor practices within the meaning of Section 8('b) (4) (i) and and (ii) (B) of the Act. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Mem- bers Leedom and Brown]. The Board having reviewed the rulings of the Trial Examiner made at the hearing, and having reconsidered the record as a whole, is now of the opinion that the evidence adduced at the hearing fails to es- tablish that the above-named Locals 11, 182, 105, and 404 were con- stituent members of Respondent District Council and, further, fails to establish that they were otherwise responsible for engaging in any unfair labor practices. Therefore, we shall delete from the Order in this case all reference to Locals 11, 182, 105, and 404.2 Accordingly, 1 143 NLRB 872. 2 Member Brown did not participate in the original Decision - and Order in this case, and his present participation is limited to the modification herein. 146 NLRB No. 31. PARK EDGE SHERIDAN MEATS, INC., ETC. 289 IT is HEREBY ORDERED that the Decision and Order issued on July 29, 1963, be, and it hereby is, amended by deleting from the Order therein, and from the attached notice marked "Appendix," all reference to Locals 11,182,105, and 404. Park Edge Sheridan Meats, Inc.; Park Edge McKinley Meats, Inc.; Harry Benatovich, Samuel Benatovich, Louis Benatovich, and Hyman Benatovich, d/b/a Park Edge Super Markets, Produce Division ; Harry Benatovich, Samuel Benatovich, Louis Benatovich, and Hyman Benatovich, d/b/a Park Edge Super Markets, Grocery Division ; Harry Benatovich, Samuel Benatovich, Louis Benatovich, Hyman Benatovich, and Max Bernhardt, d/b/a Park Edge Groceries ; Harry Benatovich, Samuel Benatovich, Louis Benatovich, and Hyman Benatovich, d/b/a Benatovich Bros.; Harry Benatovich, Samuel Bena- tovich, Louis Benatovich, Hyman Benatovich, and Max Bern- hardt, d/b/a Park Edge Super Markets, Grocery Division and Local 34, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO Park Edge Sheridan Meats, Inc. and Local 34, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL- CIO Park Edge Sheridan Meats, Inc. and Local 34, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL- CIO. Cases Nos. 3-CA-1971,3-CA-1996, and 3-RC-2957. March 9, 1964 DECISION, ORDER, AND DIRECTION OF SECOND ELECTION On August 20, 1963, Trial Examiner Charles W. Whittemore issued his Intermediate Report and Recommended Order in the above- entitled consolidated proceedings, finding that the evidence failed to sustain both the unfair labor practice allegations of the complaint in Case No. 3-CA-1971 and the objections to the election in Case No. 3-RC-2957.1 He therefore recommended that the complaint be dis- missed and the objections to the election be overruled, as set forth in the attached Intermediate Report. Thereafter, the General Coun- sel and the Charging Party filed exceptions to the Intermediate Report, the General Counsel filed a brief in support of his exceptions, and the Respondent filed a brief in support of the Trial Examiner's dismissal of the complaint. 1 The election was conducted December 6, 1962, on the basis of a petition filed Septem- ber 20, 1962. The record herein shows that of 29 eligible voters, ,8 voted for, and 8 against, the Union and 13 ballots were challenged. 146 NLRB No. 32.