American Can Co.

National Labor Relations Board - Board Decisions

Jun 6, 1949

83 N.L.R.B. 1122 (N.L.R.B. 1949)

In the Matter of AMERICAN CAN COMPANY, EMPLOYER and LocAL No.
3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.,
PETITIONER
Case No. 2-RC-557
DECISION ON MOTION
AND
ORDER
June 6, 1949
On March 22, 1949, the Board issued its Decision and Direction
of Election.- Thereafter on April 8, 1949, the Employer filed its
"Motion to Stay Election and Petition for Reconsideration and Oral
Argument and for Remand to Regional Director and Reopening the
Record"; and the Intervenors 2 filed their "Petition for Reconsidera-
tion, Rehearing and Re-opening of Record."
Pursuant to the motions of the above-mentioned parties, the Board 3
has reconsidered the entire record in this case, the Decision and Direc-
tion of Election, the Employer's motion, and the Intervenors' petition.
On the basis of this reconsideration we hereby affirm our determina-
tion that the unit as described in the Decision of March 22, 1949, is
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act .4
The Employer asserts that footnote 10 of our Decision and Direction
of Election contains a statement which is not supported by the record.
The footnote read: "Approximately 25 percent of the time of all elec-
tricians is spent in such production line machine repairs and approxi-
mately 75 percent of their time is spent on other tasks such as electrical
1 82 N. L. R. B. 257.
2 In the Decision and Direction of Election, the Board inadvertently omitted the name
of United Steelworkers of America , CIO, as an Intervenor in this case . The original De-
cision and Direction of Election is hereby amended to include the United Steelworkers
of America , CIO, as an intervening party. However , because, it like the Local , is not in
compliance with Section 9 (f), (g), and (h) of the Act we shall not permit its name to
appear on the ballot.
3 Board Member Gray did not participate in this proceeding.
4 As the record and briefs adequately present the position of the parties herein, the
Employer 's motion and the Intervenors ' petition for oral argument Is denied.
83 N. L. R. B., No. 156.
1122
AMERICAN CAN COMPANY 1123
construction, maintenance and repair work on electrical motors." The
statistics cited should be reversed to read that approximately 75 per-
cent of the time of the electricians is spent on production line machine
repairs and approximately 25 percent on other tasks. To this extent
our original decision is hereby amended.5
ORDER
IT Is HEREBY ORDERED that the motion filed by American Can Com-
pany, and the petition filed by United Steelworkers of America, CIO,
and United Steelworkers of America, Local #2067, CIO, be, and they
hereby are, denied.
5 This inadvertent statement does not affect our finding with respect to the appropriate-
ness of the unit, inasmuch as the original Decision and Direction of Election was predicated
upon a correct factual interpretation of the record.