General American Aerocoach Co.

National Labor Relations Board - Board Decisions

Jul 12, 1944

57 N.L.R.B. 212 (N.L.R.B. 1944)

In the Matter of GENERAL AMERICAN AEROCOACH COMPANY and
UNITED STEELWORKERS ' OF' AMERICA, CIO
In the Matter of GENERAL AMERICAN AEROCOACH COMPANY and
UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICA, CIO
Cases Nos. 13-R-2260 and43-R-2 69, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 12,1944
On April 17,'1944,'the National Labor'Relations Board issued, its
Decision and Direction of Election in this proceeding." Pursuant to
the Direction of Election, an election by secret ballot was conducted
on May 5, 1944, under the direction and supervision of the Regional
Director for the Thirteenth Region, Chicago, Illinois. Upon the
conclusion of the balloting, the Regional Director, pursuant to Article
III, Section 10 of National Labor Relations Board Rules and Regula-
tions-Series 3, issued and duly'served on the parties a Tally of the
Ballots. No Objections to the conduct of the election were filed by
any of the parties within the time provided therefor.
As to the balloting and its results, the Tally shows as'follows:
Approximate number of eligible voters----------------------- 186
Valid votes counted--------------------------------------- 156
Votes cast for United Steelworkers of America, CIO ----------- 85
Votes cast for United Construction , Workers, Division of Dis-
trict 50, United Mine Workers of America ------------------ 67
Votes cast against participating unions ----------------------- 4'
Challenged ballots------------------------------------------ 44
Void ballots------------------------------------------------ 1 -
On June 20, 1944, the Regional Director issued and served on the.
pasties, his Report on Challenged Ballots to which United Construc-
tion Workers, Division of District 50, United Mine `Yorkers-of Amer-
ica, herein called the UCW, has excepted. All of the challenges were
made' by representatives ' of the Board's Regional Office. Twenty-
1 55 N L. R B. 1377.
57 N.,L R. B, No .38.
212
GENERAL AMERICAN AEROCOACH COMPANY 213
eight challenges were directed to the ballots of employees whose names,
appeared on the pay roll used .to determine eligibility to vote but who
prior to the election were transferred to another plant of the Com-
pany. After investigation , the Regional Director recommends that
the transfers be 'regarded as permanent and that the challenges be
sustained . The UCW argues that the 28 employees fulfilled the con=
ditions requisite for participation in the election in that their names
appeared on the designated pay roll and none has since quit or been
discharged for cause . It argues further that in the absence of con-
clusive evidence it is as reasonable to suppose that the transfers were
temporary as otherwise. We agree, however,'with the Regional Di-
rector that in the absence of evidence of a contrary intent, the trans-
fers must be regarded as permanent . Thus our rule is here applicable
that an employee transferred from an eligible category prior to an
election cannot participate in an election among the employees in the
group from which he was transferred .' As to 2 of the 28, Paul M.
Porter and Hairy Speck , who were retransferred to the East Chicago
plant prior to the election , the presumption of permanent transfer
is negated . Porter and Speck were listed on the pay roll used to
determine eligibility to vote and were employed , in the voting unit on
the day of the election . Hence, their ballots should have been
counted. In accordance with these conclusions , 'we hereby overrule
the challenges to the ballots of Porter and Speck and sustain the
challenges to, the ballots of the remaining 26 transferred employees.
Board representatives also challenged the ballots of 16 -employees
on the ' ground that they possessed supervisory authority. In his
report on challenges the Regional Director recommends that the 16
ballots be opened and counted for the reason that the employees who
cast them possess a minimum of supervisory authority within sharply
circumscribed limits . 3 While it is apparent that none of the 16 is
in the higher strata of management, each 'has authority to recom-
mend changes in the status of employees and each wears a badge
bearing the designation "Supervisor." The-Company has thus vested
them with apparent authority and has invited and required the pro-
duction employees to regard those wearing the badge as representa-
tives of management. We conclude that the 16 employees are vested
with supervisory authority and the challenges to their ballots are
hereby sustained.
We have sustained the challenges to 42 of the 44 challenged bal-
lots. The challenges which we have overruled cannot affect the result
of the election and we shall not order that the 2 ballots to which they
L See Matter of Phelps Dodge Corporation , Copper Queen Branch, Smelter Division, 36
N. L R B 657
s The ucw did not except to this recommendation and urges that , the 16 ballots be
opened and counted
214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were directed be opened and counted . Since the result reveals that
-the employees in the 'Eat Chicago plant have designated the United
Steelworkers . of America , CIO, as their bargaining representative, we
shall find that the employees at that plant constitute an appropriate
bargaining unit, and shall certify as their statutory representative
the union selected by them.
Upon the entire record in the case and the result -of the election,
the Board makes the following : - -
SUPPLEMENTAL FINDINGS OF FACT
I
We find that the production and maintenance employees of the
Company at its East Chicago plant, excluding all office and clerical
employees and supervisory employees with authority to hire, pro-
mote, discharge, discipline, or, otherwise effect changes in the status
of employees , or effectively recommend such action , constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the 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,
and pursuant to Article III, Sections 9, 10 and 11, of National Labor
Relations Board Rules and Regulations-Series 3,
IT IS HEREBY CERTIFIED that United Steelworkers of America, CIO,
has been designated and selected by a majority of all production and
maintenance employees of General American Aerocoach Company,
East Chicago, Illinois, excluding office and clerical employees, and
supervisory employees with' authority to hire, promote, discharge, dis-
cipline or otherwise effect changes in the status of employees, or effec-
tively recommend such action, as their representative for the purposes
of collective bargaining, and that pursuant to Section .9 (a)-of the
Act,, the aforesaid organization is the exclusive representative of all
such employees for the'purposes of collective bargaining with respect
to rates of pay, wages, hours of employment , and other conditions
of employment.
[See infra, 57 N. L. R. B. 870 for Amendment to Supplemental
Decision and Order.]
I