Alamo Iron Works

Alamo Iron Works and United Steelworkers of America, AFL- CIO, Petitioner. Case No. 23-RC-1763. October 16, 1964 DECISION AND CERTIFICATION OF REPRESENTATIVE Pursuant to a Supplemental Decision, Order, and Direction of Second Election, issued by the ' Regional Director for Region 23 on March 30,1962, an election by secret ballot was conducted on April 25, 1962, under the direction and supervision of the aforesaid Regional Director, among the employees in the appropriate unit at the Em- ployer's Corpus Christi, Texas, plant. By order of the Board, the ballots were impounded "pending ruling on.the Employer's Request for Review" as to an election held in the instant proceedings on October 11, 1961, in a separate unit at the Employer's San Antonio, Texas, plant. Upon direction by the Board the ballots were opened and counted on April 21, 1964. The parties were furnished a tally of ballots which showed that of approximately 52 eligible voters, 52 cast valid ballots, of which 31 were for, 21 were against, Petitioner, and 3 ballots were challenged. The challenged ballots were insuf- ficient in number to affect the results of the election. The;eafter, the Employer filed timely objections to conduct affecting the results of the election. In accordance with the Board's Rules and Regulations,, Series 8, as amended, the Regional Director conducted an investigation,, and on June 12, 1964, issued and duly served upon the,parties his report on objections and order transferring the case to the Board, in which he recommended that one of the objections be overruled, and, as the remaining objections related to actions or rulings of the Board, he referred those objections to the Board for consideration without recommendation. The Frmployer filed a request for review of the Regional Director's report on objections. Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman McCulloch and Members Leedom and Jenkins]. The Board has considered the Regional Director's report, the Em- ployer's objections, and its request for review, and upon the entire record in the case, hereby adopts the Regional Director's findings 149 NLRB No. 5. 1 770-076-85-vol. 149-2 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and, recommendations and finds no merit in the Employer's objec- tions and exceptions.' Accordingly, as the tally shows that the Petitioner has obtained a majority of the valid ballots cast, we shall certify it as the exclusive bargaining representative of the employees in the appropriate unit. [The Board certified the United Steelworkers of America, AFL- CIO, as the designated collective-bargaining representative of the employees at the Employer's Corpus Christi, Texas, facility in the unit found appropriate.] 'In the objections referred to the Board by the Regional Director, the Employer con- tends , in substance, that the Board did not have the matter before it when it directed that the Impounded ballots be opened and counted ; that this action was inconsistent with the Board' s order impounding the ballots ; that, because of the time lapse and turnover of personnel, the ballots no longer represented the true wishes of the employees ; and that by the Board's action the Employer was placed at a disadvantage in the pending election at its San Antonio plant. We find no merit in these contentions and therefore overrule the Employer's objections. John J. Harris & Scotty Harris, d/b/a Culligan Soft Water Service and Chauffeurs, Teamsters & Helpers, Local 186, Inter- national Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, Petitioner. Case No. 21-RC- 9018. October 19, 1964 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Hearing Officer Max Stein- feld. 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 this case to a three-member panel [Chairman McCulloch and Members Leedom and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer sells, leases, and services water-softening equip- ment under a franchise from Culligan, Inc., a corporation engaged in a nationwide operation whose main plants and offices are in North- brook, Illinois. The Employer contends that the Board should not as- sert jurisdiction herein. In the calendar year 1963 the Employer's gross sales were approxi- mately $400,000, of which about $20,000, or approximately 5 percent, were to business and commercial establishments. These sales fall within the Board's established definition of "nonretail" operations- 1 This case was transferred to the Board by the Regional Director for Region 21. 149 NLRB No. 2.