Art Metal Construction Co.

National Labor Relations Board - Board Decisions

Jun 17, 1942

41 N.L.R.B. 1061 (N.L.R.B. 1942)

In the Matter of ART METAL CONSTRUCTION Co. and INTERNATIONAL
FEDERATION OF TECHNICAL ENGINEERS, ARCHITECTS AND DRAFTSMEN'S
UNIONS, A. F. of L.
Case No. R-3697
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 17, 1940
On April 25, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding.l
Pursuant to the Direction of Election, an election by secret ballot
was conducted on May 22, 1942, under the direction and supervision
of the Regional Director for the Third Region (Buffalo, New York).
On May 23, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-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 :
Total on eligibility list------------------------------------- 37
Total ballots cast------------------------------------------ 33
Total ballots challenged----------------------- ------------ 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted ----------------------------------- 33
Votes cast for International Federation of Technical Engineers,
Architects and Draftsmen's Union, A. F. of L-------------- 27
Votes cast against International Federation of Technical Engi-
neers, Architects and Draftsmen's Unions, A. F. of L-------- 6
The Union thereafter filed objections to the election Report, stating
that time-study men did not vote in the election because of the Board's
failure specifically to include them in the unit, and requesting that
they be included in the unit and that the Union be certified as their
representative. It also renewed its request that the Board reconsider
140 N L. R B 842
41 N L. R B., No. 197
1061
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its finding excluding from the unit squad bosses performing super-
visory duties.2
On June 8, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued a Report on Objections, recom-
mending that the Board clarify its Decision with respect to the inclu-
sion or exclusion of time-study men.
In its petition the Union did not seek the inclusion of time-study
men, and they were not mentioned specifically either in the stipulation
respecting the unit or in the Board's Decision. It is the Union's
position that time-study men are included under the term "other tech-
nical employees." However, the Board intended, in accordance with
its usual practice in similar cases,3 to exclude these employees. We
construe our Decision to exclude time-study men from the unit. We
have again considered the Union's request that we alter our findings
with relation to squad bosses and find no reason for so doing. The
Union's objections to the Election Report are hereby overruled. -
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Federation of Technical
Engineers, Architects and Draftsmen's Unions, A. F. of L., has been
designated and selected by a majority of the draftsmen, tool designers,
architectural renderers, and other technical employees of Art Metal
Construction Co., Jamestown, New York, including squad bosses en;
gaged exclusively in non-supervisory work, but excluding squad bosses
performing supervisory duties, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, International Federation of Technical Engineers, Architects and
Draftsmen's Unions, A. F. of L., is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
2 The Union previously filed a request that the Board reconsider its finding with respect
to the appropriate unit in this regard On May 13, 1942, the Board issued an order
denying such request.
8 Cf Matter of Hope's Windows, Inc and Local 24, International Federation of Technical
Engineers, Architects anzd Draf tsmen's Union, A. F of L, 41 N L. R. B. 430 The
Regional Director reported that the time-study men do not work under the supervision of
the chief engineer , as do technical employees.