Safeway Steel Scaffolds Co. of Georgia

National Labor Relations Board - Board Decisions

Oct 24, 1968

173 N.L.R.B. 311 (N.L.R.B. 1968)

SAFWAY STEEL SCAFFOLD CO.
Safway Steel Scaffolds Company of Georgia and
Teamsters Local Union No. 769 , International
Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America ,' Petitioner,
and Aircraft and Engine Maintenance and Over-
haul, Building and Construction Manufacturing,
Processing and Distribution and Allied Industries
Employees , Local 290 , International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and
Helpers of America , ' Petitioner . Cases 12-AC-7
and 12-RC-431
OCTOBER 24, 1968
DECISION AND ORDER
AMENDING CERTIFICATION
By CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND ZAGORIA
On February 17, 1959, in Case 12-RC-431, Local
290 was certified as the collective-bargaining rep-
resentative of certain employees of the Employer.'
On June 4, 1968, Local 769 filed the instant petition,
requesting that the certification be amended by
substituting Local 769 for Local 290 as the certified
bargaining representative of the Employer's employ-
ees
The Employer opposed the granting of the amend-
ment, contending, inter alga, that the unit employees
had not properly authorized the change in their
bargaining representative, and that Local 769's peti-
tion raised a question concerning representation
which can be resolved only by the filing of a
representation petition.
A hearing was held on August 6 and 13, 1968, at
Miami, Florida, before Herbert N. Watterson, Hearing
Officer. Following the hearing, and by direction of
the Acting Regional Director for Region 12, this case
was transferred to the National Labor Relations
Board for original consideration. A beef has been
filed by the employer.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Board
has delegated its powers in connection with this case
to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, the Board
finds
Following the Board certification of Local 290 as
I Hereinafter referred to as Local 769
2Hereinafter referred to as Local 290.
3 The unit was described as "All truck drivers , helpers and
warehousemen" at the Employer 's Miami , Florida, plant
4 153 NLRB 417
311
the representative of the Employer's employees in
February 1959, Local 290 and the Employer entered
into a collective-bargaining agreement having a termi-
nal date of May 31, 1964. After negotiations for a
new contract failed, Local 290, on July 1, 1964,
called a strike, and thereafter, filed unfair labor
practice charges alleging violations of Section 8(a)(1),
(3), and (5) of the Act. On June 24, 1965, following
the issuance of a complaint, the Board issued its
decision,' ordering the Respondent Employer, inter
alia, to bargain with Local 290. The United States
Court of Appeals, Fifth Circuit, granted enforcement,
in major part, of the Board's Order,' including the
order to bargain.
On February 1, 1966, Local 290 and Local 769
were merged,6 and Local 769 thereafter assumed
custody of the books and records of Local 290, as
well as the administration of all Local 290 contracts
On April 26, 1968, Local 769 notified the unit
employees that a special meeting would be held on
May 2, 1968, at which time a secret ballot election
would be taken to determine if they desired to be
represented by Local 769. At the meeting, the
employees were handed a ballot upon which was
printed the following:
Do you agree to a transfer of the certification
rights and bargaining rights which Teamsters Local
290 had for employees of Safway Scaffold to
Teamsters Local 769 and hereby authorize Team-
sters Local 769 to be your bargaining representative
in dealing with Safway Scaffold.
The ballot contained a "Yes" and a "No" box. The
balloting resulted in nine votes being cast for, and
none against, the proposal.
In its brief in opposition to the amendment, the
Employer relied, primarily, on Rinker Materials Corp-
oration,7 in which the Board denied a petition to
amend certification involving the same Locals as
appear in the instant case.
We find, however, that Rinker Materials is inappo-
site. The record there, like the instant case, reflected a
merger in February 1966 of Locals 290 and 769.
However, since it was not shown therein that the Unit
employees participated in the decision to merge the
Locals, the Board dismissed the petition, but "with-
out prejudice to Local 769's right to file a motion to
amend the certification when it is in a position to
show that the unit employees have had an opportuni-
ty to pass upon the transfer of representation from
Local 290 to Local 769." Here, unlike Rinker
Materials, the record shows that the unit employees
have been accorded an opportunity to state their
position on the transfer of certification rights, and as
5 383 F 2d 273 (C.A. 5), cert. denied 390 U.S. 955.
6 None of the unit employees herein participated in the vote on the
merger
7 162 NLRB No 156
173 NLRB No. 52
312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to whether they wished to be represented by Local
769, and they voted to do so in what we find to be a
properly conducted election.
In these circumstances, and since the amendment
of the certification would insure to employees the
continuity of their present organization and represen-
tation,' we shall grant the Petitioner's request and
substitute Local 769 as certified representative of the
employees in the unit. This amendment of the
certification is not, however, to be considered as a
new certification or recertification.
8 Emery Industries, Inc, 148 NLRB 51, 53.
ORDER AMENDING CERTIFICATION
It is hereby ordered that the petition to amend
certification filed by Teamsters Local Union No. 769,
International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America be, and it
hereby is, granted, and that the Certification of
Representatives issued in Case 12-RC-431 be a-
mended by substituting "Teamsters Local Union No.
769, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America" for
"Aircraft and Engine Maintenance and Overhaul,
Building and Construction Manufacturing, Processing
and Distribution and Allied Industries Employees,
Local 290, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America."