The Johnson Rubber Co.

National Labor Relations Board - Board DecisionsOct 31, 1946

71 N.L.R.B. 511 (N.L.R.B. 1946)

In the Matter of THE JOHNSON RUBBER Co ., EMPLOYER and UNITED RUBBER WORKERS or AMERICA. CIO, PETITIONER Case No. 8-I?-2089 SUPPLEMENTAL DECISION AND DIRECTION OF SECOND ELECTION October 31, 1946 On October 16, 1946, the Board issued a Decision and Order in the above-entitled proceeding setting aside the election held on April 2, 1946, pursuant to a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION," without prejudice to the immedi- ate holding of a new election. The parties now desire to hold a new election but have requested that the Board determine the eligibility date to be used in such election. Since the date of the original election, approximately 32 percent of the employees in the eligible voting group in that election have been replaced. Under these circumstances, we consider that the use of the eligibility date utilized in the first election will not fairly reflect the desires of the present complement of employees. Accordingly, we shall direct that the customary current eligibility date be used in determining eligibility to vote. DIRECTION OF SECOND ELECTION IT IS HEREBY DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with The Johnson Rubber Co., Middlefield, Ohio, a second election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among employees in the unit described in the "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION," mentioned above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- 71 N L. R B., No 78. 717734-47-vol 71-34 511 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion, including employees who did not work during said pay-roll period because they were ,ll or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the second election, to determine whether or not they desire to be represented by United Rubber Workers of America, CIO, for the purposes of collective bargaining.