National Die Casting Co.

National Labor Relations Board - Board Decisions

May 17, 1941

31 N.L.R.B. 942 (N.L.R.B. 1941)

In the Matter Of HERBERT C. JOHNSON, DOING BUSINESS AS NATIONAL
DIE CASTING COMPANY and NATIONAL ASSOCIATION OF DIE CASTING
WORKERS, AFFILIATED WITH THE C. I. O.
Case No. R-2115
SUPPLEMENTAL DECISION
AND
DIRECTION
May 17, 1941
On October 30, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above entitled proceedings.1 Pursuant to the Direction of Election,
an election by secret ballot was conducted on November 25, 1940,
under the direction and supervision of the Regional Director for the
Thirteenth Region (Chicago, Illinois). On December 12, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties yin Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible---------------------------------------
Total number of ballots cast________________________________
Total number of ballots cast for the Union___________________
Total number of ballots cast against the Union________________
Total number of challenged ballots___________________________
Total number of blank ballots -------------------------------
Total number of void ballots ________________________________
61
57
27
24
6
0
0
In his Election Report, the Regional Director 'recommended that
the challenge to the ballot of Reinhold Hanson by National Associa-
tion of Die Casting Workers, affiliated with the C. I. 0., herein called
the Union should be sustained, and that the challenges to the ballots
of Edward Kaczmarek, Rex McDowell, James Pals, and Richard
Louis, by the Union, and the challenge to the ballot of Chester New-
man; by the Board's agent, should be overruled.
On December 17, 1940, Herbert C. Johnson, doing business as Na-`
tional Die Casting Company, herein called the Company, filed Ob-
1 27 N . L. R B. 1144.
31 N. L. R. B., No. 160.
942
HERBERT C . JOHNSON 943
jections to that portion of the Election Report which recommended
that the challenge to the ballot' of Reinhold Hanson be sustained.
On December 20, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of the aforesaid Rules and Regulations , issued
a Report on Objections, copies of which were duly served upon all
the parties. Thereafter, upon motion filed by the Union on January
7, 1941,2 the Board, on January 11, 1941, issued an order "Granting
Leave (to the Union) to File Instanter Objections to Election
Report."
In its, Objections, the Union took issue with the recommendation
of the Regional Director that the challenges to the ballots of Mc-
Dowell , Pals, and Louis be overruled. The Union also , claimed that
the Company had interfered with and intimidated its employees in
an attempt to influence the election.
On February, 25, 1941, the Acting Regional Director issued and
duly served upon the parties a Supplemental Report on Objections.,
He recommended therein that the Board direct a hearing on the
Objections. On March 4, 1941, it appearing that the objections filed
by the parties raised substantial and material issues with respect to
the conduct of the ballot and the Election Report, the Board, acting
pursuant to Article III, Section 9 of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered a hearing on
the objections and authorized the Regional Director to conduct it
after giving due notice thereof to the parties.
On March 7, 1941, the Acting Regional Director issued a notice
of hearing, copies of which were duly served upon the Company and
the Union. On March 22, 1941, the Acting Regional Director issued
and duly served upon the parties an order continuing the hearing to
April,7, 1941. Pursuant to such order, a hearing was held on April
7 and 8, 1941, at Chicago, Illinois, before Earl S. Bellman, the Trial
Examiner duly designated by the Chief Trial Examiner. The Board,
the Company, and the Union were represented by counsel and partici-
pated in the hearing. F{ill opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing,
the Trial Examiner made various ruling on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed. Thereafter the Company
submitted a memorandum which the Board has considered.
Upon the foregoing record, the Election Report, the Objections,
the Report on Objections, and the record previously made, the Board,
acting pursuant to Article III, Sections 8 and 9, of National Labor
Y The Company filed " Suggestions ^n opposition to the Motion . . .
944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series 2, as amended, hereby
makes the following:
SUPPLEMENTAL FINDINGS OF FACT
The Union challenged the ballots of Reinhold Hanson, Rex Mc-
Dowell , James Pals, Richard Louis, and Edward Kaczmarek on the
ground that they were supervisory employees and as such were ex-
cluded from the unit found by the Board to be appropriate in its
Decision and Direction of Election . The Board 's agent challenged
the ballot of Chester Newman as his name did not appear on the
Company's pay roll of October 28 , 1940, which was used to determine
those eligible to vote in the-election . As noted above , the Regional
Director recommended that the challenge to the vote of Hanson be
sustained and that the challenges to the votes of McDowell, Pals,
Louis, Kaczmarek , and Newman be overruled . The Company objects
to the Regional Director 's recommendation ' as to Hanson 's ballot;
the Union objects to the recommendation with respect to the votes
of McDowell , Pals, and Louis. No objections have been filed to the
recommendation that the challenges to the ballots of Kaczmarek and
Newman be overruled.
Reinhold Hanson is employed as a sprayer and assembler in the
spraying, assembling, and packing department. He is paid on a
straight hourly basis. Although his rate of pay is higher than the-
other employees in his department , Hanson 's duties are similar to
such other employees who were declared eligible to vote in the elec-
tion. At the time of the balloting , Hanson stated to the Board's
agent that he was a foreman. The record shows, however, that
Hanson is an ordinary employee without supervisory status and is
included within the appropriate unit. We shall overrule the recom-
mendation of the Regional Director in regard to Hanson , and direct
that his ballot be counted. '
Rex McDowell , James Pals, and Richard Louis, are employed, re-
spectively , as a polisher in the polishing department , inspector in the
die-casting department , and set-up man and trimmer in the trimming
department. Like Hanson, their rates of pay are higher than the
other employees doing similar work in their respective departments.
The Company submits that they are paid a higher rate because they
have more seniority and more mechanical ability. The record does
not sustain the Union 's contention that these employees have super-
visory powers. We find that they are included within the appro-
priate unit . We shall sustain the recommendation of the Regional
Director in regard to the ballots of McDowell , Pals, and Louis, and
we shall direct that their ballots be counted.
HERBERT C . JOHNSON 945
The Regional Director found in his Election Report that Edward
Kaczmarek is a shipping clerk without any supervisory status and
is included within the appropriate unit. The Regional Director also
found that Chester Newman had been temporarily laid off at the
time of the election , and that his name had been erroneously omitted
from the Company's pay roll of October 28, 1940. Since no objections
have been filed to the recommendation of the Regional Director that
the challenges to the ballots of Kaczmarek and Newman be overruled,
we shall sustain the Regional Director's ruling in regard to these
employees, and we shall direct that their ballots be counted.
We have examined 'the record with respect to the other allegations
contained in the Union 's Objections to the Election Report and we
find insufficient evidence to warrant a finding that the Company in-
terfered with and intimidated its employees prior to the election.
The objections of the Union in this respect are hereby overruled.
DIRECTION
By, virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat . 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is-hereby
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Herbert C. Johnson, doing business as National Die Casting
Company, Chicago , Illinois, the Regional Director for the Thirteenth
Region (Chicago, ' Illinois ) shall, pursuant to the Rules and Regu-
lations of the Board , set forth above, and subject to Article III, Sec-
tion 9, of said Rules and Regulations , within ten ( 10) days from the
date of this Direction , open and count the ballots of Reinhold Hanson,
Rex McDowell , James Pals, Richard Louis, Edward Kaczmarek, and
Chester Newman, and shall thereafter prepare and cause to be served
upon the parties in this case a Supplemental Election Report embody-
ing his findings therein and his recommendations as to the results of
the secret ballot.