U. S. Manufacturing Corp.

798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD U. S. Manufacturing Corporation and International Union, United Automobile, Aerospace and Agricul- tural Implement Workers of America (UAW), Peti- tioner. Case 7-RC-13310 July 30, 1976 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN MURPHY AND MEMBERS FANNING AND PENELLO Pursuant to the authority granted it under Section 3(b) of the National Labor Relations Act, as amend- ed, a three-member panel has considered determina- tive challenges in an election held on December 17, 1975,' and the Hearing Officer's report recom- mending disposition of same. The Board has re- viewed the record in light of the Employer's excep- tions and brief, and hereby adopts the Hearing Officer's findings I and recommendations.' i The election was conducted pursuant to a Stipulation for Certification Upon Consent Election The original tally was 21 for, and 16 against, the Petitioner ; there were 8 challenged ballots , a sufficient number to affect the results of the election In view of our adoption of the Hearing Officer's findings sustaining four challenges , the remaining challenges are not suffi- cient to affect the results of the election CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for International Union, Unit- ed Automobile, Aerospace and Agricultural Impe- ment Workers of America (UAW), and that, pur- suant to Section 9(a) of the Act, the foregoing labor organization is the exclusive representative of all the employees in the following appropriate unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other terms and conditions of employment: All production and maintenance employees in- cluding shipping and receiving employees and truck drivers employed by the Employer at 17755 Masonic Boulevard, Fraser, Michigan; but excluding office clerical employees, guards and supervisors as defined in the Act. 2 The Employer has excepted to certain credibility resolutions of the Hearing Officer It is the established policy of the Board not to overrule a Hearing Officer's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that the resolutions are not correct The Coca-Cola Bottling Company of Memphis 132 NLRB 481, 483 (1961), Stretch-Tex Co, 118 NLRB 1359, 1361 (1957) We find no sufficient basis for disturbing the credibility resolutions in this case 3 In the absence of exceptions thereto , we adopt, pro forma, the Hearing Officer's recommendation that the challenge to the ballot of Tom Miscovich be overruled. 225 NLRB No. 109