Seiss Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 18, 1938

8 N.L.R.B. 389 (N.L.R.B. 1938)

In the Matter of SEISS MANUFACTURING COMPANY and COMMITTEE FOR
INDUSTRIAL ORGANIZATION
Case No. R-629
CERTIFICATION OF REPRESENTATIVES
July 18, 1938
On May 26, 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 elec-
tion by secret ballot be conducted among the production employees of
Seiss Manufacturing Company, herein called the Company, at its
Toledo, Ohio, plant, who were employed by it during the pay-roll
period next preceding October 15, 1937, excluding clerical and super-
visory employees, to determine whether or not they desired to be repre-
sented by Toy Novelty Workers, Local Industrial Union, affiliated
with the Committee for Industrial Organization, herein called Toy
Novelty Workers, or by Juvenile Wheel Workers Union, No. 18528,
affiliated with the American Federation of Labor, herein called
Juvenile Wheel Workers, for the purposes of collective bargaining,
or by neither.
Pursuant to the Direction, an election by secret ballot was held on
June 9, 1938, at Toledo, Ohio, under the direction and supervision
of James P. Miller, the Regional Director for the Eighth Region
(Cleveland, Ohio). On June 11, 1938, the said Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, issued and
duly served upon the parties his Intermediate Report on the election.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible ----------- ----------------------------- 33
Total ballots cast-------------------------------------------- 30
Total number of ballots counted----------------------------
Total number of votes in favor of Toy Novelty Workers,
27
Local and Industrial Union, affiliated with the C . I. 0------ 15
Juvenile Wheel Workers Union , No. 18528, affiliated with the
A. F. of L----------- -------------------- ---- 0
Neither union----------------------------------------------- 12
Total void ballots------------------ ------------------------- 0
Total blank ballots ------------------------------------------ 0
Total number of challenged ballots (not counted ) ------------ 3
17 N. L R B 481
8 N L R. B.. No 42
389
390 NATIONAL LABOR RELATIONS BOARD
In the Intermediate Report, the Regional Director sustained the
challenges to the three ballots.
On June 15, 1938, Juvenile Wheel Workers filed objections to the
ballot and the Intermediate Report on the ground that the three
challenged ballots should have been counted. It alleged that the em-
ployees casting the three ballots are production workers and not
supervisory employees as contended by the Toy Novelty Workers. A
report filed by the representative of the Board who conducted the
election shows that the three employees do not have the right to hire or
discharge and indicates that they spend part of their time doing pro-
duction work. The report also shows, however, that they spend a
considerable portion of their time assigning work to and directing the
activities of other employees and that they report directly to the
general foreman, John E. Wyatt.
Under the circumstances, we are of the opinion that said employees
are supervisory employees within the meaning of the Direction of
Election. We find therefore that the action of the Regional Director
in sustaining the challenges was correct.
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, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Toy Novelty Workers, Local and In-
dustrial Union, affiliated with the Committee for Industrial Organiza-
tion, has, been selected by a majority of the production employees of
the Seiss Manufacturing Company, at its plant in Toledo, Ohio,
excluding clerical and supervisory employees, and that, pursuant to
Section 9 (a) of the Act, Toy Novelty Workers, Local and Industrial
Union, affiliated with the Committee for Industrial Organization, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
fj