The DeVilbiss Co.

National Labor Relations Board - Board Decisions

Feb 3, 1953

102 N.L.R.B. 942 (N.L.R.B. 1953)

942 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. In accordance with the agreement of the parties, the following
employees of the Employer constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
All production and maintenance employees including shipping, re-
ceiving, and warehouse employees, janitors and firemen, but excluding
office, clerical, and professional employees, engineers, draftsmen, sales-
men, laboratory technicians, guards, and supervisors as defined in
the Act.
[Text of Direction of Election omitted from publication in this
volume.]
THE DEVILBISS COMPANY and INTERNATIONAL UNION, UNITED AUTO-
MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT `YORKERS OF
AMERICA, CIO , PETITIONER . Case No. 6-RC-1120. February 3,
1953
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election issued by the
Board on September 15, 1952, in the above-entitled matter,' an elec-
tion by secret ballot was held under the direction and supervision of
the Regional Director for the Sixth Region. Thereafter, a tally of
ballots was furnished the parties. The tally shows that of approxi-
mately 43 eligible voters, 42 cast valid ballots, 32 for, and 10 against,
the Petitioner. There were 18 challenged ballots.
On October 13, 1952, the Employer filed timely objections to the
conduct of the election, alleging in substance: (1) That the date and
time of election were improperly set without considering the sugges-
tions of the Employer; (2) that the notice of election improperly
failed to state that certain temporary employees were ineligible to
vote, and that these employees were improperly permitted to vote
under challenge; (3) that a fair and impartial election was prevented
by the manner in which certain unfair labor practice charges against
the Employer were processed; (4) that the Petitioner improperly in-
terfered with the election by purchasing breakfast for employees
before the election and by representing to employees (a) that they
would not have to pay initiation fees if they joined the Petitioner
before, but not after, the election, (b) that they would save money if
they signed a union card before the election, and (c) that the Peti-
tioner would force the Employer to hire on a permanent basis those
temporary employees who voted for the Petitioner; and (5) that the
1 Not reported in published volumes of Board Decisions.
102 NLRB No. 90.
THE DEVILBISS COMPANY 943
field examiner and the Regional Director acted in an arbitrary and
capricious manner to assist the Petitioner and to interfere with the
rights of employees.
Thereafter, the Regional Director conducted an investigation, and
on December 5, 1952, issued and duly served upon the parties his
report on objections. He found in substance that the facts alleged
in objections (1) and (2) were not prejudicial, and that the Peti-
tioner's alleged statements in objection (4) were in the nature of law-
ful union propaganda. He further found that the purchase of break-
fast for temporary employees did not improperly interfere with the
election, especially because their votes were challenged and not
counted. In addition, he found that objections (3) and (5) were
without merit, as there was no specific evidence submitted to support
them. The Regional Director therefore concluded that the objections
raised no substantial and material issues with respect to the election,
and he recommended that they be overruled. On December 19, 1952,
the Employer filed timely exceptions to the report on objections, sub-
stantially reiterating its objections and generally alleging that the
report was contrary to law and fact.
The Board 2 has reviewed the Regional Director's report, the Em-
ployer's exceptions thereto, and the entire record in the case, and
concludes that neither the Regional Director nor the field examiner
has acted arbitrarily, capriciously, or improperly. The Board hereby
overrules the exceptions and adopts the Regional Director's findings,
conclusions, and recommendations.
As the tally of ballots shows that the Petitioner received a major-
ity of the votes cast in the election, we shall certify the Petitioner.
Certification of Representatives
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, CIO,
has been designated and selected by a majority of the production and
maintenance employees at the Employer's Somerset, Pennsylvania,
plant, excluding office and clerical employees, guards, professional
employees, and supervisors as defined in the Act, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the Act, the aforesaid labor organization is the ex-
clusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
2 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 Mem-
bers Houston and Murdock]