Crown Corrugated Container, Inc., 318 (1958)

The parties stipulated that the head butchers were not supervisors and would include them. However, the record shows that the head butchers may, in emergency situations, discharge helpers in the meat department. As the record is inadequate to determine whether or not they are supervisors, we permit the head butchers to vote but direct that the Board agent challenge their ballots.

Accordingly, we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within Section 9(b) of the Act: All meat department employees, including regular part-time employees, at the Employer's Illinois and Indiana stores, but excluding grocery department employees, guards, professional employees, and supervisors as defined in the Act.

[Text of Direction of Election omitted from publication.] 'Crown Corrugated Container, Inc. and William V. Long and George W. Tompkins. Cases Nos. 6-CA-1203 and 6-CA-1251.

March 24, 1959 DECISION AND ORDER

On October 24, 1958, Trial Examiner Louis Plost, issued a report to the Board on dismissal of the complaints in the above-entitled proceedings, a copy of which is attached hereto. Thereafter the General Counsel filed exceptions to the report and a supporting brief.

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 Rodgers and Jenkins].

It appears that at the end of the testimony in these proceedings,

Respondent moved to dismiss the complaints, on the merits, which motion was forthwith granted by the Trial Examiner, with a statement, that he would, in due course, issue a Report on the dismissal with his findings of fact and conclusions. In the instant Report, he has made findings of fact and conclusions, including findings on credibility of witnesses. We will treat the Report as an Intermediate Report and Recommended Order and make the initial decision herein.' The Board has reviewed the rulings of the Trial Examiner on the hearing and finds that no prejudicial error was committed and the rulings are hereby affirmed except as follows :

The General Counsel has excepted to the rulings of the Trial Examiner, refusing to allow the General Counsel to impeach the ' See N.L.R.B. v. Elkland Leather Company, Inc., 114 F. 2d 221 ( C.A. 3), enfg. 8 NLRB 519, cert. denied 311 U.S. 705 , wherein it was held that an Intermediate Report is advisory only.

1 23 NLRB No. 42.

CROWN CORRUGATED CONTAINER, INC. 319 credibility of Francis S. Gerhard, a witness for Respondent, on the basis of prior felony convictions, and the subsequent refusal of the Trial Examiner to allow an oral offer of proof as to the convictions and finally to the refusal of the Trial Examiner to incorporate the written offer of proof into the rejected exhibit file. We find merit in the exceptions and that all three rulings were erroneous.

Section 10(b) of the Act in part provides that any unfair labor practice proceeding :

... shall, so far as practicable, be conducted in accordance with the rules of evidence applicable in the district courts of the United States under the rules of civil procedure for the district courts of the United States, adopted by the Supreme Court of the United States pursuant to the Act of July ...

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