Southwester Co.

National Labor Relations Board - Board Decisions

Feb 18, 1953

102 N.L.R.B. 1492 (N.L.R.B. 1953)

1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the election is instructed to issue a certification of representatives to
the labor organization selected by the employees of the two groups,
which the Board in such circumstances finds to be a single unit ap-
propriate for the purposes of collective bargaining. If a majority of
the employees in voting group (1) selects a labor organization which
is not selected by the employees in voting group (2), the employees
in voting group (1) will be deemed to have indicated their desire to
constitute a separate appropriate unit, and the Regional Director
conducting the election is instructed to issue a certification of repre-
sentatives to the labor organization selected by the employees in that
group, which the Board in such circumstances finds to be a separate
unit appropriate for collective-bargaining purposes. If the em-
ployees in either or both of the voting groups do not select a labor
organization, the Regional Director conducting the election is in-
structed to issue a certificate of results of election with respect to
such group or groups.
[Text of Direction of Elections omitted from publication in this
volume.]
MORRIS SEIDMON , GOLDIE SEIDMON, HARRY HENKIN AND LEONARD
SEIDMON, D/B/A SOUTHWESTER Co.' and INTERNATIONAL CHEMICAL
WORKERS , AFL, PETITIONER. Case No. 13-RC-3139. February
18,1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Irving M. Friedman,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Houston, Styles, and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
' The name of the Employer appears as amended at the hearing.
102 NLRB No. 152.
REO MANUFACTURING CORPORATION 1493
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act: All production and mainte-
nance employees at the Employer's Chicago, Illinois, plant, excluding
office clerical employees, watchman,2 professional employees, and
supervisors as defined in the Act.
5. The Employer contends that almost all its employees are aliens,
being citizens of Estonia, a Russian satellite, and that they may be
regarded as enemy aliens "within the interpretation and description
of the McCarran Act," and therefore not entitled to the benefits of
the National Labor Relations Act. The only. authority cited for such
a position is Section 262 of the Immigration and Nationality Act
(Public Law 414, 82nd Congress, 66 Stat. 163), which section deals
merely with the registration of aliens. As we find nothing in that
section or in other parts of that Act supporting the Employer's posi-
tion, and as the eligibility of aliens to vote in Board elections is well
established,' we shall overrule the contention and permit these aliens
to vote.
[Text of Direction of Election omitted from publication in this
volume.]
2 As the parties agree that the duties of this employee consist entirely of patrolling the
Employer 's plant and performing guard functions , we find that he is a guard and accord-
ingly exclude him from the unit.
3 Cities Service Oil Co. of Pennsylvania, 87 NLRB 324, 331.
REO MANUFACTURING CORPORATION and DISTRICT 65, DISTRIBUTIVE,
PROCESSING AND OFFICE WORKERS OF AMERICA, PETITIONER. Case
No. 3RC-5412. February 18,1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Max Dauber, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three- member
panel [Chairman Herzog and Members Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
102 NLRB No. 154.
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