Barby's Frosted Foods, Inc.

National Labor Relations Board - Board Decisions

May 7, 1954

108 N.L.R.B. 814 (N.L.R.B. 1954)

814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations ofa Trial Examiner of the National Labor Relations Board,
and in order to effectuate the policies of the National Labor Relations Act, we hereby notify
our employees that:
WE WILL bargain collectively, upon request, with United Packinghouse Workers of
America, CIO, as the exclusive representative of all production employees in our plant
located at 1801 Leonard Street, Dallas, Texas, including those in the ice cream department
and garage, but excluding all office clerical employees, wholesale and retail truckdrivers,
all employees in the engineering department, guards, and supervisors as defined in the Act,
with respect to rates of pay, wages, hours of employment, and other conditions of employ-
ment, and, if an understanding is reached, embody such understanding in a signed
agreement.
WE WILL bargain collectively, upon request, with International Union of Operating
Engineers, Stationary Engineers, Local 707, AFL, as the exclusive representative of all
employees in the engineering department at our plant located at 1801 Leonard Street,
Dallas, Texas, including the working foreman, but excluding the chief engineer, guards,
and supervisors as defined in the Act, with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment, and, if an understanding is reached, em-
body such understanding in a signed agreement.
WE WILL NOT in any manner interfere with the efforts of the above-named Unions to
bargain collectively with us, or refuse to bargain collectively with said Unions as the
exclusive representative of all our employees in the respective appropriate bargaining
units described above.
THE BORDEN COMPANY,
Employer.
Dated ................ By.................. ...........................................................................
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be altered,
defaced, or covered by any other material.
BARBY'S FROSTED FOODS, INC. and LOCAL 2, INTERNA-
TIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL,
SOFT DRINK & DISTILLERY WORKERS OF AMERICA,
CIO, Petitioner. Case No. 4-RC-1743. May 7, 1954
SUPPLEMENTAL DECISION AND ORDER
Pursuant to a Decision and Direction of Election issued by
the Board on May 13, 1953,1 an election was conducted on June
9, 1953, among employees in the appropriate unit at the Em-
ployer's plant in Perth Amboy, New Jersey. The tally of
ballots showed that, of approximately 46 eligible voters (in-
cluding those whose votes were challenged), 27 votes were
counted, with 8 for and 19 against the Petitioner, and 18
votes were challenged.
iNot reported in printed volumes of Board Decisions and Orders.
108 NLRB No. 112.
BAIRD-WARD PRINTING CO., INC. 815
On June 12 the Petitioner filed timely objections to conduct
allegedly affecting the results of the election. On July 27 after
investigation of the objections and the challenges made at the
election, the Regional Director issued his report and recom-
mendations on objections and challenges. In this report, to
which no exceptions have been filed, the Regional Director
referred to this Board for ruling the objections based on
conduct which was alleged as unfair labor practices in the
complaint pending against the Employer, and recommended that
the other objections be overruled and that 10 of the challenges
be sustained. As the remaining challenges were not sufficient
to affect the results of the election, the Regional Director made
no recommendations concerning them.
On this day, the,Board has issued its Decision and Order in
the complaint case, Barby's Frosted Foods, Inc., 108 NLRB
797, in which the Employer was found to have committed
certain 8 (a) (1) and (3) violations based, in part, on conduct
which was also the subject matter of the objections referred
to the Board. However, as more than a year will have elapsed
from the time of the election to the end of the period required
for posting of the notices by the Employer respecting the unfair
labor practices found, 2 we find that in the circumstances of
this case, no useful purpose will be served in making findings
with respect to the Petitioner's objections. Accordingly, we
shall dismiss the petition without prejudice to the timely
filing of a new petition.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and
it hereby is, dismissed without prejudice.
Member Rodgers took no part in the consideration of the
above Supplemental Decision and Order.
2 Cf. Mike Persia Chevrolet Co., Inc., 107 NLRB 377.
BAIRD-WARD PRINTING CO., INC. and NASHVILLE PRINT-
ING PRESSMEN AND ASSISTANTS' UNION #37, Petitioner.
Case No. 10-RC-2233. May 7, 1954
DECISION AND CERTIFICATION OF RESULTS OF
ELECTION
On March 10, 1953, pursuant to a stipulation for certification
upon consent election, an election by secret ballot was held
under the direction and supervision of the Regional Director
for the Tenth Region among employees in the stipulated unit.
Following the election, a tally of ballots was furnished the
108 NLRB No. 114.