R. C. Mahon Co.

National Labor Relations Board - Board Decisions

Oct 20, 1938

9 N.L.R.B. 430 (N.L.R.B. 1938)

In the Matter of R. C. MAHON COMPANY and LOCAL 1279, STEEL
WORKERS ORGANIZING _ COMMITTEE
Case No. R-497
SUPPLEMENTAL DECISION
AND
ORDER
October 20, 1938
On February 12, 1938, the National, Labor: Relations Board,-herein
called the Board, issued a Decision and Direction of Election in the-
above-entitled case., The Direction of Election directed that an
election by secret ballot be conducted within fifteen (15) days from
the date of the Direction among the employees of R. C. Mahon
Company, Detroit, Michigan, herein called the Company, who were
on the pay roll of the Company for the week ending November 9,
1937, or who would have been on such pay roll except for some cause
such as illness or injury, excluding bridgemen, clerks and office help,
draftsmen, watchmen, and supervisory employees, and also excluding
those employees who had since quit or been discharged for cause,
to determine whether they desired to be represented by Steel Work-
ers Organizing Committee, Local No. 1279, herein .called Local 1279,
International Association of Bridge, Structural, and Ornamental
Iron Workers, Local No. 508, herein called Local 508, for the-
purposes of collective bargaining, or by neither.
On February 18, 1938, the Company filed with the Board its Ex-
ceptions to the Decision and Direction of Election. On February 24,
1938, the Board issued its order overruling the Exceptions.
Pursuant to the Direction, an election by secret ballot was con-
ducted under the direction and supervision of the Regional Director
for the Seventh Region (Detroit, Michigan), on February 25, 1938.
Full opportunity was accorded to all of the parties to this investi-
gation to participate in the conduct of the secret ballot and to make
challenges. On February 26, 1938, the said Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
15N L. R. B. 257.
9 N. L. R. B., No 38.
430
,DECISIONS , AND :ORDERS 431
IRules and liegulations-Series 1, as amended, issued and duly served
upon the parties his Intermediate Report on the ballot.
On February 26, 1938, the, date of the issuance of the Intermediate
-Report, Local 508 filed with the Board Exceptions to the Board's
Decision and Direction of Election. The Exceptions object to the
inclusion within the bargaining unit of the steel fabricators em-
ployed by the Company; request that the election of February 25,
1938, be set aside; and pray that an election be conducted among
the said steel fabricators as a single bargaining unit, excluding all
other classes of workers employed by the Company. At the hearing
Local 508 appeared by a representative, was permitted to intervene,
to participate in the hearing, and to introduce evidence relating to
the appropriate unit and the employees to be included therein. At
that time Local 508 -introduced no- evidence tending to show that the
said steel fabricators constituted a separate and distinct unit, nor
-did Local :)08 make any objection to the unit which Local 1279
,claimed to be appropriate. In view of these facts, the said Excep-
tions to the Decision and Direction are hereby overruled.
In his Intermediate Report, the Regional Director made the fol-
lowing findings with respect to the results of the election:
Total number elegihle to Vote------------------------------ 489
Total number of ballots cast-------------------------------- 397
Total. number of, ballots cast for International Association
of Bridge, Structural, and Ornamental Iron Workers, Local
No 508 -- --------------------- --------------------------- 7
Total number of ballots cast for Steel Workers Organizing
Committee, Local No. 1279------------------------------- 161
Total member of ballots cast for neither union-------------- 227
Total number of blank ballots------------------------------ 0
Total number of void ballots------------------------------ 2
Total number of challenged ballots------------------------- 0
On March 2, 1938, Local 1279 filed with the Regional Director
objections to the Intermediate Report, contending the Company had
engaged in unfair labor practices regarding the conduct of the elec-
tion, and that bridgemen, clerical employees, supervisory employees,
and watchmen, classes of employees expressly excluded by the Board
from the appropriate unit, had participated in the election. The
Regional Director certified that the secret ballot was fairly and im-
partially conducted, that the ballots cast were duly and fairly counted
under his supervision, and that statements to such effect from the
tellers had been filed with him. He informed the Board that he
had at various times communicated with Local 1279 regarding its
objections, but reported that, although afforded ample opportunity
to do so, Local 1279 had failed to submit any evidence in support of
such objections. In view of all the facts, the Regional Director
recommended that the objections be overruled. We have considered
432 NATIONAL LABOR RELATIONS; LOARD
the objections to the Intermediate Report, together with the report
of the Regional Director thereon, and find that they do not-warrant
setting aside the election. The objections to the Intermediate Report
are hereby overruled.
The results of the election show that no collective bargaining rep-
resentatives have been selected by a majority of the employees within
the appropriate unit. The petition for investigation and certifica-
tion of representatives of employees of the Company will therefore
be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of R. C. Mahon Company,
Detroit, Michigan, filed. by Steel Workers Organizing Committee,
Local No. 1279, be, and it hereby is, dismissed.