Grant Storage Battery Co.

National Labor Relations Board - Board Decisions

Sep 24, 1953

106 N.L.R.B. 1150 (N.L.R.B. 1953)

1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the facts in this record we believe that either a separate
unit consisting of Shell Shop employees , or the existing produc-
tion and maintenance unit may be appropriate for the purposes
of collective bargaining . We shall, therefore , make no deter-
mination with respect to the employees of the Shell Shop at,
this time but shall first ascertain their desire as expressed
in the election directed herein.
We shall direct an election among the production and main-
tenance employees in the Shell Shop at the Employer's floor
plant at Lancaster, Pennsylvania, excluding office clerical em-
ployees, technical and salaried employees, guards and watch-
men, shift foremen, and all other supervisors as defined by
the Act.
If a majority vote for the IAM, they will be taken to have in-
dicated their desire to constitute a separate unit , and the
Regional Director is instructed to issue a certification of
representatives to the IAM for that unit, which the Board, under
such circumstances , finds to be appropriate for purposes of
collective bargaining. If a majority of the employees in the
above voting group cast their ballots for the Rubber Workers
they will be taken to have indicated their desire to be part of
the existing production and maintenance unit represented by
the Rubber Workers, in which event the Regional Director
conducting the election will certify the results of the election.
[Text of Direction of Election omitted from publication.]
GRANT STORAGE BATTERY COMPANY, Petitioner and
AUTOMOTIVE, PETROLEUM & ALLIED INDUSTRIES
EMPLOYEES UNION, LOCAL NO. 618, affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN & HELPERS OF
AMERICA, AFL. Case No. 14-RM-80. September 24, 1953
SUPPLEMENTAL DECISION, ORDER, AND
DIRECTION OF SECOND ELECTION
Pursuant to a Decision and Direction of Election is sued herein
on March 30, 1953,1 an election by secret ballot was conducted
on April 14, 1953, under the direction and supervision of the
Regional Director for the Fourteenth Region, among employees
in the unit found appropriate by the Board. The tally of ballots
shows that all 5 ballots were challenged, 1 by the Union and
4 by the Employer-Petitioner. No objections to the conduct of
the election or conduct affecting the result of the election were
filed within the time provided therefor.
' Not reported in printed volumes of Board Decisions.
106 NLRB No. 187.
GRANT STORAGE BATTERY COMPANY 1151
On May 21, 1953, the Regional Director , acting pursuant to
the Board ' s Rules and Regulations , issued his report on chal-
lenged ballots, recommending that the union challenge and one
of the Employer challenges be sustained , and that the 3 remain-
ing Employer challenges be overruled . No exceptions were
filed to the Regional Director ' s recommendation that 2 chal-
lenges be sustained , which is hereby adopted . The Employer
filed timely exceptions to the Regional Director ' s recommenda-
tion that 3 challenges be overruled . Thereafter , the Board, on
June 12, 1953, directed that a hearing be held on the issues
raised by the Petitioner ' s exceptions , and directed the hearing
officer to resolve credibility issues and to make findings of
fact and recommendations to the Board as to the disposition of
the challenges.
Thereafter , a hearing was held on July 16, 1953, before
Harrison C. Thompson , Jr., hearing officer . The Employer,
the Union , and the Regional Director for the F ourteenth Region
were represented , and were afforded full opportunity to be
heard , to examine and cross - examine witnesses , and to intro-
duce evidence bearing on the issues.
On August 12, 1953, in accordance with the Board order, the
hearing officer issued and duly served upon the parties his
report , in which he recommended that 2 of the 3 challenges in
question should be sustained on the ground that those ballots
were cast by economic strikers who had been permanently
replaced , and that the 1 remaining challenge be overruled as
that voter was an economic striker who had not been replaced
as of the date of the election . He also found that that voter had,
since the election , been validly replaced . No exceptions have
been filed to the hearing officer's recommendations.
The Board has reviewed the rulings made at the hearing by
the hearing officer and finds that no prejudicial error was
committed . The rulings are hereby affirmed. The Board has
considered the hearing officer ' s report , the exceptions and
briefs, and the entire record in this case, and hereby adopts
the findings and conclusions of the hearing officer, but not
his recommendations . We cannot permit one vote, cast by an
economic striker who has since been validly replaced, to
determine the collective-bargaining status of a unit whose
makeup has been completely changed since the election. Ac-
cordingly , we shall set aside the election of April 14, 1953,
and direct that a new election be conducted.
[The Board set aside the election held on April 14, 1953.]
[Text of Second Direction of Election omitted from publi-
cation.]
Member Murdock took no part in the consideration of the
above Supplemental Decision , Order, and Direction of Second
Election.