Extract
J. P. Florio & Co., Inc., 753 (1957)
J. P. FLORIO ,& CO., INC. :753 ( ) ; of the Act: e All production .and maintenance employees at . the .Tmployer's.east iron pipe, fittings. and plumbing specialties manufacturing, plant at Birmingham, Alabama, including shipping clerks, but excluding office clerical employees, plant guards, foremen, and supervisors as defined in the Act' 5. The International has been in compliance at all relevant times.
We shall therefore resolve the representation question by conducting an election in which the International 's name appears on the ballot.However, Local Union No. 5367 appears to have an interest in the employees involved. Therefore, the International will be certified, if, it wins the election, only if Local Union No. 5367 is in full compliance with Section 9 (f), (g), and (h) by the date of the election, and not later. Absent such compliance, the Board will certify only the arithmetical results of the election.' [Text of Direction of Election omitted from publication.] MEMBER MIRDoclt took no part in the consideration of the above Decision and Direction of Election.e The unit found appropriate is the one for which the International was certified and for which the parties contracted.7 'The Employer contends that Wendal Atchison and Floyd FIanvey, Jr., are pypervisors and, should be excluded from the unit. The International contends that Atchison is not a supervisor, but takes no position as to Hanvey's supervisory status. Atchison is foreman of the specialty department, and Iianvey is foreman of the drainage pipe fitting department.Both are directly responsible to the superintendent of production. As both Atchison and Hanvey are required to use their independent judgment in the responsible direction of the employees in their departments, we find that they are supervisors and shall exclude them from the unit.8 Cf. Calcasieu Paper Co., Inc., 109 NLRB 1186, 1188.J. P. Florio & Co., Inc. and Alvin Bocage, Gus Harvey International Longshoremen's Association (Ind.) ; General Longshore Workers, Local 1418, ILA; and General Longshore Workers, Local 1419, ILA and Alvin Bocage, Gus Harvey.Cases Nos. 15-CA--894, 15-CA-894-1, 15-CB-163, and 15-CB163-1. July 19,1957 DECISION AND ORDEROn December 10, 1956, Trial Examiner Arthur E. Reyman issued his Intermediate Report in the above-entitled consolidated proceedings, finding that the Respondents had engaged in certain unfair labor practices and recommending that the Respondents cease and desist therefrom and take certain affirmative action, as set forth in a copy of the Intermediate Report attached hereto. Thereafter, the Respondents each filed exceptions to the Intermediate Report and, with the 118 NLRB No. 38.450553-58-vol. 118-49 exception of Respondent Local 1419, 'a supporting brief. The Respondents' requests for oral argument are denied since the record, including the exceptions and briefs, adequately presents the issues and the positions of the parties.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 [Members Murdock, Rodgers, and Bean].The Board has reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in these cases, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner, except as modified herein.' 1. We agree with the Trial Examiner that Respondent Unions, through Henry, Chittenden, Banks, Tankerson, and Thigpen, violated Section 8 (b) (2) and 8 (b) (1) (A) of the Act 2 by demanding that Respondent Company discharge Harvey and that it refuse employment to Bocage and any other individual affiliated with a rival union 3 and by threatening economic reprisals if the Company refused to accede to these demands.4 Except in the case of Chittenden, there is no dispute that the conduct found to be unlawful was in fact committed by the above-named officers and delegates of Respondent Unions. The Company's general superintendent, Silver, testified that immediately prior to the Harvey incident, he was informed by Chittenden and Henry that Bocage was no longer a union member and that neither he nor anyone else affiliating with...See the full content of this document
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