Coppus Engineering Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1969

177 N.L.R.B. 536 (N.L.R.B. 1969)

536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Coppus Engineering Corporation and International
Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers, AFL-CIO,
Petitioner . Case I-RC-10388
June 30, 1969
DECISION AND ORDER
By CHAIRMAN MCCULLOCH AND MEMBERS
JENKINS AND ZAGORIA
Pursuant to a Stipulation for Certification upon
Consent Election approved on February 4, 1969, an
election by secret ballot was conducted on March 6,
1969, under the direction and supervision of the
Regional Director for Region 1, among the
employees in the stipulated unit described below. At
the conclusion of the election, the Regional Director
served upon the parties a tally of ballots which
showed that, of approximately 110 eligible voters,
104 ballots were cast of which 50 were for, and 41
against, the Petitioner. Thirteen ballots were
challenged and one ballot was found to be void. The
challenged ballots are sufficient in number to affect
the results of the election. The Employer filed
timely objections.
In accordance with the National Labor Relations
Board ' s Rules and Regulations , Series 8, as
amended, the Regional Director conducted an
investigation of the challenged ballots and the
objections and, on April 15, 1969, issued and duly
served upon the parties his consolidated report on
challenged ballots and objections, in which he
recommended that the objections be overruled; that
11 challenges be overruled and 2 be sustained; and
that a revised tally of ballots and the appropriate
certification be issued. The Employer and the Union
filed timely exceptions to the Regional Director's
report and briefs in support thereof. The Employer
additionally filed an answering 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
powers in connection with this case to a
three-member panel.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. In accordance with the stipulation of the
parties we find that the following employees of the
Employer constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All full-time and regular part-time production and
maintenance employees employed by the
Employer at its Worcester, Massachusetts, plant,
including leadmen, truckdrivers, testers, traffic
coordinator, snaggers, and expeditors, but
excluding all office clerical employees, engineer
draftsmen, engineering clerical employees, casual
employees, seasonal employees, professional
employees, technical employees, salesmen , guards,
factory manager, foremen and all other
supervisors as defined in the Act.
5. The Board has considered the Regional
Director's report and the exceptions of the parties,
and hereby finds that the Petitioner's exceptions to
the Regional Director's recommendation that the
challenges to the ballots of William E. Marsh,
Rudolf O. Werme, Inez Lindberg, Clare L. LaPrise,
and Phyllis M. Adomaitis be overruled, and the
Employer's exceptions to the Regional Director's
recommendation that the challenge to the ballot of
Joseph F. Kaczyk be sustained and Employer's
objection 1 be overruled , raise no issues of fact or
law which require reversal of the Regional
Director's recommendations.'
The Regional Director, relying on Taunton
Supply Corp., 137 NLRB 221, recommended that
the challenge to the ballot, of employee Carl E.
Carlson be sustained on the ground that Carlson,
although a regular part-time employee, limited his
work time and earnings so as to qualify for
maximum social security benefits. The Employer
excepted to this recommendation. For the reasons
given in Holiday Inns of America, Inc., 176 NLRB
No. 124, in which the Board reconsidered and
revised its policy concerning the voting eligibility of
social security annuitants as set forth in Taunton
Supply, supra, we shall direct that the ballot of Carl
E. Carlson be opened and counted by the Regional
Director.'
Accordingly, as we have overruled the Employer's
objections and the challenges to the ballots of
employees Carl E. Carlson, William E. Marsh,
Rudolph O. Werme, Arthur Anderson, Matthew J.
Coes, Francis Baldino, Paul Palumbo, Ted
Vartanian, Inez Lindberg, Walter Babineau, Clare
L. LaPrise, and Phyllis M. Adomaitis, we shall
direct that the Regional Director open and count
these ballots and issue a revised tally of ballots and
the appropriate certification.
ORDER
It is hereby ordered that the challenges to the
ballots of Carl E. Carlson, William E. Marsh,
'In the absence of exception thereto , we adopt, pro forma, the Regional
Director ' s recommendations that the challenges to the ballots of employees
Arthur Anderson , Matthew J . Coes, Francis Baldino , Paul Palumbo, Ted
Vartantan, and Walter Babineau and objection 2 be overruled
'Member Jenkins would not count Carlson's ballot. See his dissent in
Holiday Inns of America, Inc, 176 NLRB No. 124
177 NLRB No. 41
COPPUS ENGINEERING CORPORATION 537
Rudolph O . Werme , Arthur Anderson , Matthew J.
Coes, Francis Baldino , Paul Palumbo, Ted
Vartanian , Inez Lindberg , Walter Babineau, Clare
L. LaPrise , and Phyllis M. Adomaitis be, and
hereby are , overruled and that the objections be, and
hereby are , overruled.
IT IS FURTHER ORDERED that as part of the
investigation to ascertain representatives for the
purposes of collective bargaining among the
employees of Coppus Engineering Corporation at its
Worcester, Massachusetts , plant in an appropriate
and stipulated unit, the Regional Director for
Region I shall, pursuant to the National Labor
Relations Board ' s Rules and Regulations , Series 8,
as amended , within 10 days from the date of this
Order open and count the ballots designated in the
first paragraph of this Order and , thereafter,
prepare and cause to be served upon the parties a
revised tally of ballots, including therein the count
of said challenged ballots.
IT IS FURTHER ORDERED that in the event the
revised tally of ballots shows the Petitioner to have
received a majority of the valid ballots cast the
Regional Director shall issue a certification of
representative to the Petitioner.
IT IS FURTHER ORDERED that should the revised
tally of ballots show that the Petitioner has not
received a majority of the valid ballots cast the
Regional Director shall issue a certification of
results of election.