American Marsh Pumps, Inc.

National Labor Relations Board - Board Decisions

Sep 2, 1943

52 N.L.R.B. 391 (N.L.R.B. 1943)

In the Matter of AMERICAN MARSH. PUMPS, INC. and INTERNATIONAL
MoLDEus & FOUNDRY WORR:ERs UNION OF N. A . LOCAL 251
In the Matter of AMERICAN MARSH PUMPS, INC. and INTERNATIONAL
Ass'N OF MACHINISTS LODGE No. 46
Cases Nos . R-5470 and R-5471, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September ^9,, 1943
On July 12, 1943, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-,
entitled proceeding. Pursuant to the Direction of Election, an elec-
tion by secret ballot was conducted on August 6, 1943, under the
direction and supervision of the Regional Director for the Seventh
Region (Detroit, Michigan). On August 9, 1943, the Regional Di-
rector, acting pursuant to Article III, Section 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Unit No. (1) -Production and Maintenance Employees (Case No. R-5471)
Approximate number of eligible voters---------------------------- 271
Total ballots cast----------------------------------------------- 256
Total ballots challenged---------------------------------------- 15
Total void ballots--------------------------------------------- 1
Total valid ballots counted-------------------------------------- 240
Votes cast for International Ass'n of Machinists Lodge No. 46------ 132
Votes cast against above-mentioned union------------------------- 108
151 N. L. R. B. 263.
52 N. L. R. B, No. 57.
391
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unit No. (2)-Employees of the Foundry Department (Case No R-5470)
Approximate number of eligible voters---------------------- ----_ 46
Total ballots cast----------------------------------------------- 38
Total ballots challenged----------------------------------------- 1
Total void ballots----------------------------------------------- 0
Total valid ballots counted-------------------------------------- 37
Votes cast for 'International Molders & Foundry Workers Union
of N. A. Local 51---------------------------------------------- 34
Votes cast against above-mentioned union------------------------ 3
On August 11, 1943, American Marsh Pumps, Inc., herein called the
Company, filed objections to the Election Report. On August 12,
1943, the Regional- Director issued a Report on Objections.
The objections of the Company are not directed to any specific
ruling of the Regional Director or to the conduct of the election.
They are solely concerned in substance with the possible effect on the
election of the votes of the 15 persons (in voting unit No. 1) on the
Company's eligibility list, who refrained from voting. The Company
alleges that (1) insufficient notice of the election was given, (2) that
no provision for absentee ballots was made for those eligible to vote
who were absent because of sickness; and (3) that the challenging of
15 voters prevented other employees from voting.
The Regional Director found that the foregoing objections do not
raise a substantial and material issue with respect to the conduct of
the election since (1) notices of the election were given to the Com-
pany with instructions for posting more than 6 days prior to the
date of the election, (2) no provision was made for absentee ballots
in accordance with the Board's usual practice because of obvious
administrative difficulties, and (3) the challenges were made for cause
(14 challenges of the 15 were made on the ground that the voters were
supervisory employees since the Company classified them as foremen)
and furthermore that the Company proffered no evidence tending to
show that any specific employees were prevented from voting for
any of the reasons alleged in its objections. Accordingly, we sustain
the Regional Director's finding, overrule the objections and we shall
forthwith issue our certification.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act
and pursuant to Article III, Sections 9 and 10, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that International Molders & Foundry
Workers Union of N. A., Local 251, has been designated and selected
by a majority of all employees of the foundry department of American
AMERICAN MARSH PUMPS, INC. 393
Marsh Pumps, Inc., Battle Creek, Michigan, including McCool and
Wilson, but excluding the foundry superintendent and any other
supervisory employees with authority to hire, promote , discharge, dis-
cipline, or otherwise effect changes in the status of employees,, or
effectively recommend such action, as their representative for the
purposes of collective bargaining , and that, pursuant to Section 9 (a)
of the Act, the said organization is the exclusive 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, and
IT IS HEREBY CERTIFIED that International Ass'n of Machinists Lodge
No. 46, has been designated and selected by a majority of all produc-
tion and maintenance , employees of American Marsh Pumps, Inc.,
Battle Creek, Michigan, excluding foremen, and any other supervisory
employees with authority to hire, promote , discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, office employees , employees in the engineering
and drafting department, foundry and core room , as their representa-
tive for the purposes of collective bargaining , and that, pursuant to
.Section 9 ( a) of the Act, the said organization is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay , wages, hours of employment, and
other conditions of employment.
CHAIRMAN MILLIs took no part in the consideration of the above
Supplemental Decision and Certification of Representatives.