Muncie Elwood Lamp Co.

National Labor Relations Board - Board DecisionsAug 28, 1942

43 N.L.R.B. 791 (N.L.R.B. 1942)

In the Matter of MuNOIE ELWOOD LAMP COMPANY and UNITED STEEL- WORKERS OF AMERICA Case No. R-3731 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 28,:1940 On April 30, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an, election by secret ballot was conducted on May 13, 1942, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On May 20, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served-upon the parties. As to the balloting and its results, the- Regional Director reported as follows : Total on eligibility list-------------------------------------- 33 Total ballots cast------------------------------------- 32 Total ballots challenged------------------------------------- 2 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------- . 0 Total valid votes counted------------------------------------ 30 Votes cast for STEEL WORKERS ORGANIZING COMMITTEE- 16 Votes cast against STEEL WORKERS ORGANIZING COM- , MITTEE------------------------------------------------- 14 One of the challenged ballots was challenged by the United Steel- workers of America, herein called the U. S. A., on the ground that Tolbert, the employee who cast the ballot, was a supervisor.2 The Regional Director's Election Report shows that both Muncie Elwood Lamp Company, herein called the Company, and Tolbert admit that 1 40 N. L. R. B. 1096 z The Direction of Election excluded supervisory employees of the Company from the unit of employees in which the election was to be held. 43 N L. R B., No. 129. 791 792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the latter acts, at least part of the time, as a group leader and super- visor on the lower floor . The Election Report further states that in- vestigation shows that Tolbert is considered to be a foreman by employees of the Company. The Regional Director'ruled that the 'challenge to Tolbert's ballot be sustained. Since the remaining chal- lenged ballot could not affect the results of,the election , the Regional Director made no ruling thereon. On May 25, 1942 , the Company filed objections to the Elections Report. On June 4, 1942 , the Regional Director issued a Report On Objections To The Conduct Of Secret Ballot And Election Report. We have considered" the objections filed by the Company and the Regional Director 's Report thereon , and,we find that the objections raise no substantial or material issues with respect to the conduct of the election . Accordingly , we hereby overrule the objections and af- firm the findings , rulings , and recommendations of the Regional Di- rector in his Election Report and Report On Objections To The Conduct Of Secret Ballot And Election Report. By a motion filed August 6, 1942, United Steelworkers of America moved the Board to amend the caption and record in this proceed- ing by substituting its present name, United Steelworkers of Amer- ica, for its former name , Steel Workers Organizing Committee wherever appearing in this proceeding . The parties , having been served with orders to show , cause why this motion should not be granted, and no response thereto having been received , the Board hereby amends the instant proceeding by striking therefrom the words "Steel Workers Organizing Committee" wherever they appear, and substituting therefor the words "United Steelworkers of America." 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 Re- lations Act , 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, United Steelworkers of America has been designated and selected by, a majority of all production em- ployees of Muncie Elwood Lamp Company , Elwood, Indiana, ex- cluding supervisory , clerical , and maintenance employees , as their representative for the purposes of collective bargaining , and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, United Steelworkers of America is the , exclusive,rep- resentative of all such employees for the purposes of collective bar-- gaining -in respect to rates of pay, wages, hours of employment, and other conditions of employment.