Kessler Supply Co., 1042 (1972)

National Labor Relations Board

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Kessler Supply Co., 1042 (1972)

Kessler Supply Company and Warehouse Employees Union Local 169, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Cases 4-CA-5916 and 4-RC-9576

December 21, 1972 DECISION AND ORDER

BY CHAIRMAN MILLER AND MEMBERS JENKINS

AND KENNEDY

On October 10, 1972, Administrative Law Judge John M Dyer issued the attached Decision in this proceeding Thereafter, Respondent filed exceptions and the General Counsel and Charging Party filed answering briefs Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel The Board has considered the record and the attached Decision in light of the exceptions and briefs and has decided to affirm the rulings, findings, and conclusions of the Administrative Law Judge and to adopt his recommended Order ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the Respondent, Kessler Supply Company, Philadelphia, Pennsylvania, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order IT IS FURTHER ORDERED that Case 4-RC-9576 be, and it hereby is, severed from this proceeding and remanded to the Regional Director for Region 4 for the purpose of opening and counting the challenged ballots of Robert Sutton and Charles Glover and thereafter issuing the appropriate certification DECISION

STATEMENT OF THE CASE

JOHN M DYER, Administrative Law Judge On January 18, 1972,1 Warehouse Employees Union Local 169,

International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, herein called the Union, the Teamsters, or Local 169, filed a petition in Case 4-RC-9576 for a unit of warehouse employees at Kessler Supply Company, herein called the Company or Respondent On February 7, a hearing was held on the petition 1 Unless otherwise stated all dates herein refer to 1972

2 In this proceeding there was a question of whether Gary Semerdjian F Patrick, Anthony Robinson and J Williams were supervisors within the and a Decision and Direction of Election was issued by the Regional Director of Region 4 on February 29 Thi...

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