Pet Dairy Product Co., 1562 (1957)

Docket Number:11-RD-00068

the Board's established voting eligibility rules.3 -Accordingly, like the Regional Director, we sustain the challenge to Lawrence 's ballot.

As the Petitioner has received a majority of the valid ballots cast in the election, we shall certify the Petitioner as the collectivebargaining representative of the employees in the appropriate unit.

[The Board certified Stationary Engineers Local #86, International Union of Operating Engineers , AFL-CIO, as the designated collective-bargaining representative of the employees in the appropriate unit.] e Cf. Food Machinery and Chemical Corporation, 116 NLRB 552, 553, wherein the Board interpreted a unit finding excluding temporary employees as making ineligible an employee who was working as a temporary during the payroll eligibility period, although he had already been promised a permanent job which was to take effect and did take effect before the election date.

Pet Dairy Products Company and D. H. Edwards, Petitioner and Milk and Ice Cream Drivers and Dairy Employees, Local Union No. 23, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO. Case No. 11-RD-68. October 8, 1957 DECISION AND ORDER

Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John M. Dyer, hearing officer. 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 Leedom and Members Murdock and Rodgers].

Upon the entire record in this case, the Board finds :

  1. The Employer is engaged in commerce within the meaning of the Act.

  2. The Petitioner, an employee of the Employer, asserts that the Union is no longer the bargaining representative, as defined in Section 9 (a) of the Act, of certain employees of the Employer.

  3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:

The petition sought a decertification election in a unit of employees at the Employer's Greenville, South Carolina, plant? The Union i The Union's motion to dismiss the petition, which was referred by the hearing officer to the Board , is granted for the reasons stated infra.

2 The petition described a unit of 'office...

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