Bendix Aviation Corp.

National Labor Relations Board - Board Decisions

Feb 21, 1945

60 N.L.R.B. 839 (N.L.R.B. 1945)

In the Matter of BENDIX RADIO DIVISION OF BENDIX AVIATION CORP.
and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L.
In the Matter of BENDIX RADIO DIVISION OF BENDIX AVIATION CORP.
and UNITED ELECTRICAL RADIO &Z, MACHINE WORKERS OF AMERICA,
CIO
Cases Nos. 5-B-173,0 and 5-R-178, respectively
SUPPLEMENTAL DECISION
DIRECTION
AND
CERTIFICATION OF REPRESENTATIVES
February 201, 19J5 ,
On January 30, 1945, pursuant to the Decision and Direction of
Elections issued by the Board on January 4, 1945,1 separate elections
by secret ballot were conducted under the direction and supervision
of the Regional Director for the Fifth Region (Baltimore, Maryland).
Upon the conclusion of the elections, Tallies of Ballots were furnished
the parties in accordance with the Rules and Regulations of the Board.
The Talley with respect to the election conducted in the production
and maintenance unit shows the following :
Approximate number of eligible voters____________________ 2860
Votes cast for International Association of Machinists, A F.
of L, herein called the IAM_____________________________ 1170
Votes cast for United Electrical Radio & Machine Workers of
America, CIO, herein called the UE_____________________ 846
Votes cast against participating labor organizations--------- 313
Valid votes counted_______________________________________ 2329
Challenged ballots________ ________________________________ 66
Inasmuch as it appeared that the challenged ballots might affect the
results of this election, the Regional Director, pursuant to Article III,
Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 3, as amended, investigated the issues raised by the chal-
lenged ballots and, on February 5, 1945, issued and duly served
upon the parties a Report On Challenges in which he recommended
that 52 of the challenged ballots be declared valid and opened, and
that the challenges be sustained as to the remaining 14 ballots. On
February 9, the-UE filed "Objections" to the Report On Challenges 2
disagreeing only with the, Regional Director's recommendations with
159 N. L R . B. 1470
'On February 5, 1945, the UE filed Objections, apparently to the election conducted
in the production and maintenance unit However , by letter dated February 9, the UE
notified the ReglQnal Director for the Fifth Region that it desired that the challenged
ballots be counted before the Board ruled on its Objections . It further stated that "In
the event the results of the tally of challenged ballots indicates that a run-off election
will be held , we will withdraw our objections to the election."
60 N. L. R. B., No. 139 839
840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respect to 6 of the challenges.' The IAM, by letter dated February 8,
1945, agreed with the Regional Director's recommendations. No ex-
ceptions were filed by the Company. It thus appears that all parties
are in accord that 47 challenged ballots should be opened and that-13
be declared invalid.
The Board has considered the Regional Director's Report, the "Ob-
jections" of the UE, and the letter of the fAM, and finds that the
following employees herein referred to as Group A, were eligible to
vote in the election conducted in the production and maintenance unit :
Arthur Thomas--__---_---_'' 48022 Charles Strait------------- 7077
William May -------------- 56082 Evelyn Hutson ------ ------- 38321
E. W. Wrightson ----------- 38053 Mona Tormey-------------- 6285
Robert Dobson------------- 11158 R Baker ------------------- 56035
Earl Geary---------------- 56015 W. Eckenrode-------------- 56009
N. Remesch---------------- 56026, L Brooks ------------------- 56007
Olga Tydings-------------- 35114 Ruth Meyers --------------- 22644
H. T. Bosson-------------- 22083 M. P Oliveria------------- 7016
S. T. Kury----------------- 23092 C J. Welsh ---------------- 38001
J. Crisfulli----------------- 38046 H E. Grove ---------------- 38143
Mary Chast---------------- 1096 Al. Fink ------------------- - 23290
Elma Messick. C. G Abrams.
M. Levinsohn-------------- 38159 H. X. Graybeal------------ 1076
A. 11I. Weszka-------------- 23039 O. A. Quintillian----------- 55051
G. S. Lehmann. George Heuer-------------- 1079
J. B. Harris---------------- 38086 L Darrell ----------------- 53005
Mary M. Wiherle---------- 23253 Anna Barnes-------------- 17051
Marion Arion______________ 16108 Edna Meade --------------- 4297
Christine Agnes McGowan-_ 54214 Donald O'Laughlin ---------- 20065
David Huddleston----------- 12085 James Skane--------------- 57023
William Purdum----------- 34071 Emmett O'Brien----------- 54109
Joseph Hall ----------------- 57025 John Lancaster ------------ 12099
Ella Reiger. Eva Ingham.
Eulalia Duley Sandstrom.
We shall, therefore, overrule the challenges to their ballots and direct
that their ballots be opened and counted.
We also find that the following employees were ineligible to vote :
Helen Schuller------------- 54018 F. L. Merryman ------------ 54210
Mildred Wentz------------- 90070 Burtha Gaylord ------------ 18169
Doris Moore--------------- 54153 William Ritter.
T. F Isat------------------ 97038 E. R. Harrison------------- 97036
J. Vaith------------------- 97048 R. J. Reichert -------------- 97047
Agnes Schaffer .
Virginia Ulrick.
Rita Mitzel.
Accordingly, their ballots are declared invalid and the challenges to
these ballots are sustained.
3 The UE contends that the challenges to the ballots of John Nelson, clock No. 95008,
Donald Smith , clock No 95009 , Hazel Basler , clock No. 81101 , George Volz , clock No. 81103,
and A. M Snyder , clock No. 53012, should be sustained , and that the challenge to the
ballot of Bernice Bass should be overruled.
4 Clock number assigned to the respective employees.
BENDIX RADIO DIVISION OF BENDIX AVIATION CORP. 841
Since the results of the election conducted in the production and
maintenance unit may be determined by counting•the challenged'bal-
lots declared valid, we shall direct that such ballots be opened and
counted. If after counting the challenged ballots declared valid the
results of the election are not conclusive, we shall then act upon the
six unopened challenged ballots.5
It appears from the Tally of Ballots with respect to the election
held in the timekeeper-,' and counters' unit that a collective bargain-
ing representative has been selected, since of the approximately 57
eligible voters, 41 cast valid votes, of which 35 were for the UE, 4
for the IAM, 2 for neither, and the 1 challenged ballot 6 is insuffi-
cient to affect the results of the election. No objections have been
filed by any of the parties regarding this election within the time
provided therefor.
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
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bendix Aviation
Corp., Baltimore, Maryland, the Regional Director for the Fifth
Region shall, pursuant to said Rules and- Regulations, within ten
(10) days from the date of this Direction, open and count the chal-
lenged ballots of the employees in Group A set forth above, and
thereafter prepare and cause to be served upon the parties a Sup-
plemental Tally of Ballots including therein the count of said
challenged ballots, and
IT IS HEREBY CERTIFIED that United Electrical Radio & Machine
Workers of America, CIO, has been designated and selected by a
majority of all timekeepers and counters of the Company's plants
located in the Baltimore, Maryland, area, which are part of the
Bendix Radio Division, excluding the head timekeeper, assistant head
timekeepers, and all other supervisory employees with authority to
hire, promote, discharge, discipline, 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 col-
lective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
G As hereinabove noted, the ballots of 66 persons were challenged and we have disposed'
of 60 challenged ballots.
6 The challenge to the ballot cast by Agnes Schaffer was inadvertently included 'in-
the Tally of Ballots in the production and maintenance unit. , Accordingly , the Regional
Director, in his Report On Challenges, amended the Tally in the timekeepers ' and counters'
unit so as to show this challenge.