Riceland Foods, 798 (1978)

Docket Number:26-CA-06591
 
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD

The Arkansas Rice Growers Cooperative Association d/b/a Riceland Foods and UBC, Southern Council of Industrial Workers, United Brotherhood of Carpenters and Joiners of America, AFL-CIO.

Cases 26-CA-6591 and 26-RC-5435

February 8, 1978

DECISION, ORDER, AND CERTIFICATION OF RESULTS OF

ELECTION

BY CHAIRMAN FANNING AND MEMBERS

PENELLO AND TRUESDALE

On October 5, 1977, Administrative Law Judge Almira A. Stevenson issued the attached Decision in this proceeding. Thereafter, the General Counsel filed exceptions and a supporting brief.

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 brief and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt her 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 complaint be, and it hereby is, dismissed in its entirety.

CERTIFICATION OF RESULTS OF

ELECTION

It is hereby certified that a majority of the valid ballots have not been cast for UBC, Southern Council of Industrial Workers, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, and that said labor organization is not the exclusive representative of all the employees, in the unit herein involved, within the meaning of Section 9(a) of the National Labor Relations Act, as amended.

IThe General Counsel has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dry Wall Products, Inc., 91

NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing her findings.

DECISION

STATEMENT OF THE CASE

ALMIRA ABBOT STEVENSON, Administrative Law Judge:

A hearing was held in this consolidated proceeding May 26 and 27, 1977, in Stuttgart, Arkansas. Pursuant to a petition filed in Case 26-RC-5435 by the Union requesting an election in a unit of checkers, a hearing was conducted on February 1, 1977; on February 14, 1977 the Regional Director for Region 26 of the National Labor Relations Board issued a Decision and Direction of Election in which he found no merit in the Employer's contention that the checkers were supervisors and directed an election in a voting group of checkers to determine whether they desired to be included in an existing certified appropriate unit of all production, maintenance, par boil, and processing employees represented by the Union. The election was conducted March 11, 1977. The Union lost by a vote of I to 10 with 4 challenges, and on March 16, 1977, it filed objections to the election.

On March 17, 1977, the Union filed the charge in Case 26-CA-6591 and served a copy on the Respondent; on April 1, 1977, it filed and served a first amended charge;

second and third amended charges were filed and served April 19 and April 25, 1977. The Regional Director issued a Supplemental Decision and Order Directing Hearing on Objections in Case 26-RC-5435 on April 18, 1977. In his Supplemental Decision, the Regional Director overruled Objections I and 4, and found that Objections 2 and 3 would best be resolved on the basis of record testimony.

On April 25, 1977, the Regional Director issued an order consolidating cases, complaint, and notice of hearing in Cases 26-CA-6591 and 26-RC-5435. The Respondent duly filed an answer to the complaint.

The issues to be resolved are whether or not the Respondent violated Section 8(aXl), (3), and (4) of the National Labor Relations Act, as amended, by transferring checkers Lawrence Howard, Albert Gaddy, and Obdie Hall to lower-paying jobs of forklift drivers during the last week of February, and whether or not the Employer interfered with the election by that conduct and by telling the transferred employees on or about March 9, 1977, that their wages had...

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