Allied Laboratories, Inc.

National Labor Relations Board - Board Decisions

Jul 5, 1940

25 N.L.R.B. 164 (N.L.R.B. 1940)

In the Matter of ALLIED LABORATORIES, INC., (PITMAN-M00RE DIVI-
SION) and INDIANAPOLIS SPECIALTY UNION #465, AFFILIATED WITH
THE INTERNATIONAL PRINTING PRESSMEN AND ASSISTANTS' UNION,
AFFILIATED WITH AFL
In the Matter of ALLIED LABORATORIES, INC., (PITMAN-MOORE Dlvi-
SION) and PITMAN-MOORE EMPLOYEES' INDEPENDENT UNION
Cases Nos . B-1763 and R-1764
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 5, 1940
On April 25, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled proceedings.' Pursuant to the Direction of Elec-
tion, elections by secret ballot were conducted at Indianapolis and
Zionsville, Indiana, on May 17, 1940, under the direction and super-
vision of the Regional Director for the Eleventh Region (Indianapo-
lis, Indiana). On May 23, 1940, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report, setting forth the results of the
Elections.
As to the balloting and its results; the Regional Director reported
as follows :
Group (a):
Total Number of Employees Alleged Eligible to vote --------- 91
Total Number Voted--------------------------------------- 90
Total Number of Valid Votes Cast------------------------- 76
Total Number of Votes for the INDIANAPOLIS SPECIALTY UNION
No. 465, affiliated with the Int'l. Printing Pressmen and As-
sistants' Union (A F L )------------------------------- 32
Total Number of Votes for the PITMAN-MOORS EMPLOYEES' INDE-
PENDENT UNION------------------------------------------- 41
Total Number of Votes for NEITHER organization---------- 3
Total Number of Blank Ballots----------------------------- 0
Total Number of Void Ballots------------------------------ 0
Total Number of Challenged Ballots-------------------------- 14
123N LRB184
25 N. L. R. B, No. 19
164
ALLIED LABORATORIES INC.
Group (b) :
Total Number
Total Number
Total Number
Total Number
INDEPENDENT
Total Number
of Employees Alleged Eligible to Vote-------- 75
Voted---------------------------------------- 70
of Valid Votes Cast------------------------- 69
of Votes for the PITMAN -MoORE EMPLOYEES'
UNION ---------------------------------------
of Votes Against the PITMAN-MOORS EMPLOYEES'
62
165
INDEPENDENT UNION --------------------------------------- 7
Total Number of Blank Ballots----------------------------- 1
Total Number of Void Ballots------------------------------- 0
Total Number of Challenged Ballots------------------------ 0
In his Election Report, the Regional Director ruled that challenges
should be overruled as to 11 ballots and sustained as to 3 ballots.
No objections to the conduct of the ballots or the Election Report
were filed by any of the parties. The Board thereafter reviewed
and sustained the Regional Director's rulings and directed him to
open and count the ballots as to which the challenges were over-
ruled.
On June 17, 1940, the Regional Director issued a Supplemental
Election Report. No objections to the Supplemental Election Report
have been filed by any of the parties.
As to the final tabulation of ballots, the Regional Director reported
as follows :
Group (a)
Total Number of Employees Alleged Eligible to Vote-------- 91
Total Number Voted--------------------------------------- 90
Total Number of Valid Votes' Cast------------------------- 87
Total Number of Votes for the INDIANAPOLIS SPECIALTY UNION
No. 465, affiliated with the Int'l. Printing Pressmen and As-
sistants' Union (A. P. L )-------------------------------- 39
Total Number of Votes for the PITMAN-MOORE EMPLOYEES'
INDEPENDENT UNION--------------------------------------- 45
Total Number of Votes for NEITHER organization-------------- 3
Total Number of Blank Ballots----------------------------- 0
Total Number of Void Ballots------------------------------ 3
Total Number of Challenged Ballots------------------------ 0
Group (b) :
Total Number of Employees Alleged Eligible to Vote----------- 75
Total Number Voted----------------------------------------- 70
Total Number of Valid Votes Cast--------------------------- 69
Total Number of Votes for the PITMAN-MOORE EMPLOYEES'
INDEPENDENT UNION -------------------------------------- 62
Total Number of Votes Against the PITMAN- MOORS EMPLOY-
EES' INDEPENDENT UNION---------------------------------- 7
Total Number of Blank Ballots--------------------------- 1
Total Number of Void Ballots------------------------------ 0
Total Number of Challenged Ballots-------------------------- 0
283036-42-vol 25-12
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the cases the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
In its Decision and Direction of Election the Board did not, pend-
ing the election, make a final determination as to the appropriate unit
for the purposes of collective bargaining, but stated that :
If the Independent [Pitman-Moore Employees' Independent
Union] receives a majority of the votes cast by employees of each
of the plants, both plants will constitute a single appropriate unit.
If the International [Indianapolis Specialty Union No. 465,
affiliated with the Int'l. Printing Pressman and Assistants' Union
(A. F. L.)] receives a majority of the votes cast by employees in
the Indianapolis plant, it will constitute a separate appropriate
unit.
We find that the production and maintenance employees of Allied
Laboratories, Inc., at its Indianapolis and Zionsville plants, excluding
supervisory and clerical employees, salesmen, student salesmen, watch-
men, and chemists, constitute a 'unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees of
said company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the' policies of the
Act.
SUPPLEMENTAL CONCLUSION OF LAW
The production and maintenance employees of Allied Laboratories,
Inc., at its Indianapolis and Zionsville plants, excluding supervisory
and clerical employees, salesmen, student salesmen, watchmen, and
chemists, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT Is HEREBY CERTIFIED that Pitman-Moore Employees' Independent
Union has been designated and selected by a majority of the produc-
tion and maintenance employees, of Allied Laboratories, Inc., at its
Indianapolis and Zionsville plants, excluding supervisory and clerical
ALLIED LABORATORIES INC. 167
employees, salesmen, student salesmen, watchmen, and chemists, as
their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the National Labor Relations Act,
Pitman-Moore Employees' Independent Union is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.