Denver and Ephrata Telephone and Telegraph Co.

National Labor Relations Board - Board DecisionsSep 17, 1953

106 N.L.R.B. 1134 (N.L.R.B. 1953)

1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Accordingly, we grant the motion of the Intervenor to substitute the name of Playthings, Jewelry and Novelty Workers International Union, CIO, for that of Local 105, Playthings, Jewelry and Novelty Workers International Union, CIO, on the ballot in the election to be conducted herein, provided that Local 105 is in full compliance with the filing requirements of Section 9 (f), (g), and (h) of the Act' at the time of the election. 2 The Leland Electric Company, 89 NLRB 497; Monsanto Chemical Company, 89 NLRB 923. DENVER AND EPHRATA TELEPHONE AND TELEGRAPH COMPANY and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL, Petitioner. Case No. 4-RC- 1988. September 17, 1953 DECISION AND ORDER DIRECTING HEARING Pursuant to a stipulation for certification upon consent election, executed on May 28, 1953, and approved by the Regional Director for the Fourth Region on June 1, 1953, an election by secret ballot was conducted on June 18, 1953, under the direction and supervison of the Regional Director. At the conclusion of the election a tally of ballots was fur- nished the parties and on June 26, 1953, the Regional Director issued a corrected tally of ballots. The corrected tally shows that of 81 votes cast in the election, 40 were for the Petitioner (including a disputed ballot hereinafter discussed), 40 were against the Petitioner, and 1 vote was challenged. The Employer filed timely objections to the counting of one disputed ballot and to the disposition of the challenged ballot. The Regional Director, in accordance with Section 5 of the stipulation and the Board's Rules and Regulations, investi- gated the Employer's objections and on August 7, 1953, issued and served upon the parties his report on objections and challenged ballot. The Regional Director recommended that the Employer's objections be overruled and that a hearing be held with respect to the challenged ballot. The Employer filed exceptions to the report and a supporting brief. The Board has considered the objections, the Regional Director's report, the Employer's exceptions and brief, and the entire record in this case, and hereby finds as follows:' 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent certain employees of the Employer. 'The Employer' s request for oral argument before the Board is hereby denied, as the record, including the exceptions and brief, adequately presents the issues and the positions of the parties. 106 NLRB No. 182. DENVER AND EPHRATA TELEPHONE AND TELEGRAPH COMPANY 1135 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. 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 employees of Denver and Ephrata Telephone and Tele- graph Company, Ephrata, Pennsylvania, -in the plant, equip- ment, traffic , commercial , accounting , purchasing , engineering,, and miscellaneous departments , but excluding all supervisors as defined in the Act. The disputed ballot: The ballot in dispute is of the cus- tomary type used b7 -the Board where one labor organization is involved. The employees are requested to vote "Yes" as to whether or not they wish to be represented by the Petitioner for purposes of collective bargaining; and the employees are instructed to indicate their choice by marking an "X" in the square of their choice. An instruction on the ballot stated that, "If you spoil this ballot, return it to the Board agent for a new one. " The disputed ballot contains a clearly penciled "X" under the word "Yes" and an obvious erasure of a similarly penciled "X" in the "NO" square. The Employer contends that the ballot should not be counted as a valid vote, but should be considered as a spoiled or void ballot. It further argues that the erasure indicated the absence of a "fixed and resolute determination" on the part of the voter. After a careful examination of the disputed ballot, which does not disclose the identity of the voter, we are firmly convinced that the intention of the voter to vote "Yes" is abundantly clear.' Accordingly, like the Regional Director, we find that the disputed ballot is valid and was properly counted with the remaining valid votes. The challenged ballot: The Employer challenged the ballot of John Weller on the ground that he is a supervisor within the meaning of the Act and therefore ineligible to vote. The Board has considered this matter and it appears that the Employer's exceptions relating to the challenged ballot of Weller, which affects the result of the election, raise sub- stantial and material issues of fact. IT IS HEREBY ORDERED that a hearing be held on the issues raised by the Employer's exceptions, other than the issue involving the disputed ballot. IT IS FURTHER ORDERED that the hearing officer, desig- nated for the purpose of conducting the hearing, shall prepare and cause to be served upon the parties a report containing resolutions of the credibility of witnesses, findings of fact, and recommendations to the Board as to the disposition of the said exceptions. Within 10 days from the date of issuance of such report, any party may file with the Board in Wash- 2 N. L. R. B. v. Whitmsville Spinning Ring Co., 199 F. 2d 585 (C. A. 1). 1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ington , D. C., an original and 6 copies of exceptions thereto. Immediately upon the filing of such exceptions, the party filing shall serve a copy thereof upon each of the other parties , and the Regional Director . If no exceptions are filed thereto, the Board will adopt the recommendations of the hearing officer. IT IS FURTHER ORDERED that the above-entitled matter be, and it hereby is, referred to the said Regional Director for the purposes of such hearing , and that the Regional Director be, and he hereby is, authorized to issue early notice thereof. Member Murdock took no part in the consideration of the above Decision and Order Directing Hearing. INDEPENDENT LOCK COMPANY OF ALABAMA and INTER- NATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, Petitioner. Case No. 15-RC-962. Sep- tember 17, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before John H. Immel, Jr., hearing officer. The hearing officer ' s rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim 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. The parties are in general agreement that a unit of all production and maintenance employees at the Employer's hardware manufacturing plant at Selma, Alabama, including shipping clerks, janitors, and yardmen, but excluding office and clerical employees, technical employees, guards, pro- fessional employees, and supervisors as defined in the Act, is appropriate; however , there is disagreement as to the unit placement of timekeepers whom the Employer would exclude as part of the office clerical staff. There are two timekeepers in the plant, one in the assembly department and one in the machine division . Timekeepers check weights, certify work tickets, record the starting and finishing time of each particular work lot, and keep individual records only where piece rates have been established. The time tickets, lock-lot tickets, and piece work tickets made up in the plant together with a daily report are turned in to the 106 NLRB No. 180.