Ambassador Steel Co., Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1966

158 N.L.R.B. 1592 (N.L.R.B. 1966)

1592 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD
IT IS FURTHER RECOMMENDED that: (1) the ballot of Henry Dillon cast in the
election of June 4, be opened and counted, and that, if it is thereby determined
that the Union has, obtained a majority of the votes, the Union be certified as the
representative of Respondent's employees in the unit heretofore found to be
appropriate; (2) the challenges to the ballots of John Castellanos and Roy Noy
be sustained; and (3) if, after counting the ballots of all eligible voters in said
election, it is determined that there is no majority for the Union, the election be
set aside and the representation case be remanded to the Regional Director for
Region 2 to conduct a new election at such time as he deems that circumstances
permit a free choice of a bargaining representative.
APPENDIX
NOTICE TO ALL EMPLOYEES
Pursuant to the Recommended Order of a Trial Examiner of the National
Labor Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, as amended, we hereby notify our employees that:
WE WILL NOT threaten to close our plant because of employee union activities
or coercively interrogate our employees about their union sentiments, or offer
them inducements to refrain from union activities, or withdraw privileges from
our employees because of their union activities.
WE WILL NOT in any like manner interfere with, restrain, or coerce our
employees in the exercise of their right to self-organization, to form, join or
assist Amalgamated Jewelry, Diamond & Watchcase Workers Union, Local 1,
International Jewelry Workers Union, AFL-CIO, or any other labor organiza-
tion, to bargain collectively through representatives of their own choosing, and
to engage in other concerted activities for the purpose of collective bargaining
or other mutual aid or protection, or to refrain from any or all such activities,
except as permitted by the provisos in Section 8(a)(3) of the Act.
MODERN SETTINGS, INC.,
Employer.
Dated------------------- By-------------------------------------------(Representative ) (Title)
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its
provisions, they may communicate directly with the Board's Regional Office, Fifth
Floor, Squibb Building 745 Fifth Avenue, New York, New York, Telephone No.
751-5500.
Ambassador Steel Co ., Inc. and International Union , United Auto-
mobile, Aerospace and Agricultural Implement Workers of
America (UAW), AFL-CIO, Petitioner. Case No. 7-RC-7063.
Juice 6, 1966
DECISION AND ORDER DIRECTING HEARING
Pursuant to a stipulation for certification upon consent election
approved November 3, 1965, an election by secret ballot was con-
ducted on November 15, 1965, under the direction and supervision
of the Acting Regional Director for Region 7, ,among the employees
in the stipulated unit. At the conclusion of the election, the parties
were furnished with a tally of ballots which showed that there were
approximately 47 eligible voters, and that 48 ballots were cast, of
which 20 were for, and 19 were against, the Petitioner; with 9 chal-
158 NLRB No. 135.
AMBASSADOR STEEL CO ., INC. 1593
lenged ballots . The challenged ballots were sufficient in number to
affect the results ,of the election.,., No objections to the conduct of the
election or conduct, affecting the results of the election were filed
with the Regional Office within the time, limit provided therefor.
In accordance with the National Labor Relations Board Rules and
Regulations , the Acting Regional Director conducted an investiga-
tion and, on February 9, 1966, issued and duly served upon the pax-
ties, his report on challenged, ballots in which he recommended that
the challenges to the ballots of Bishop, Robert M. Smith, Costello,
and Vickers be sustained and that the challenges to the ballots of
Zeff, Robert C. Smith, and Reuter be overruled. He further recom-
mended that should the ballots of Crabtree and Kelly still be deter-
minative of the, results of the election, a hearing be held as to their
eligibility. Thereafter, the Employer filed timely exceptions only
to the Acting Regional Director's recommendations, concerning the
challenges to the ballots of Vickers, Robert C. Smith, Reuter, Crab-
tree, and Kelly.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Fanning and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act and it will effectuate the purposes of the Act to assert juris-
diction herein.
2. The Petitioner is a labor organization claiming to represent
certain employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of the employees of the Employer within the meaning of
Sections 9 (c) (1) and 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the following employ-
ees constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act: all produc-
tion and maintenance employees employed by Ambassador Steel Co.,
Inc., at its places of business located at 12211 Coyle, and 13900
Shirley, Detroit, Michigan, including janitors, but excluding office
clerical employees, professional employees, truck drivers, guards and
supervisors as defined in the Act. -
5. The Board has considered the Regional Director's report and
the exceptions thereto, and hereby adopts the Acting Regional Di-
rector's findings and recommendations, as hereinafter modified.
We agree with the Acting Regional Director that material cred-
ibility and factual issues exist as to both Crabtree 'and Kelly which
can best be resolved by a hearing. We further find, contrary to the
1594 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
Acting Regional• Director's recommendation- that the status of
Reuter, Robert "C: Smith, and Vickers should also be determined by
a' hearing. The Employer strongly contends in its exceptions to the
Regional Director's report that Robert C. Smith and Reuter per-
formed exactly the same functions as Crabtree and Kelly, although
on' different shifts. Kelly allegedly worked on the- day shift and
Reuter on the night shift at the Coyle Plant; and Crabtree on the
day shift and Robert C. Smith on the night shift at the Shirley
Plant. The Regional Director's report, however, is silent as to the
supervisory status of Robert C. Smith and Reuter except for the
ambiguous statement that "the evidence delineating the duties and
responsibilities of the . . . men showed them to come expressly
within the unit." There is no indication that an investigation was
conducted as to their supervisory status. In view of these circum-
stances we believe it necessary that a hearing be held to determine the
status of Crabtree, Kelly, Robert C. Smith, sand Reuter. The Acting
Regional Director also has recommended that Vickers be found a
supervisor within the meaning' of the Act, and that, therefore, the
challenge to his ballot be sustained. The Employer alleges that
Vickers and Reuter are employed on a shift which, since Novem-
ber 8, has included only one other person. As Vickers' status seems
to be related to that of Reuter, we shall direct that the former's
status also be included in the hearing.
Accordingly, since material and substantial factual issues exist as
to the status of Crabtree, Kelly, Robert C. Smith, Reuter, sand Vick-
ers, we shall order a hearing be held to determine their eligibility.
[The Board ordered that a hearing be held to resolve the issues
as to the eligibility of Crabtree, Kelly, Robert C. Smith, Reuter,
and Vickers to vote at the election.]
[The Board further ordered that the Hearing Officer, serve on
the parties a report containing resolutions of credibility of witnesses,
findings of fact, and recommendations to the Board as to the dis-
position of said issues. Within 10 days from the date of issuance of
such report, either party may file with the Board in Washington,
D.C., an original and seven copies of exceptions. Immediately upon
the filing of such exceptions, the party filing the same shall serve
a copy on the other party, and shall file a copy with the Regional
Director. If no exceptions are filed, the Board willadopt the Hear-
ing Officer's recommendations.]
[The Board further ordered the above-entitled matter be referred
to said Regional Director for the purpose of conducting such hear-
ing and authorizing notice.]