Canton, Carps', Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1960

127 N.L.R.B. 513 (N.L.R.B. 1960)

CANTON, CARP'S, INC. 513-
Canton, Carp 's, Inc. and Retail Clerks International Association,
Local No . 536, AFL-CIO, Petitioner . Case No. 13-RC-6732.-
April 29, 1960
SUPPLEMENTAL DECISION AND CERTIFICATION-
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election in the above--
entitled proceeding,' an election by secret ballot was conducted on
December 23, 1959, under the direction and supervision of the Re-
gional Director for the Thirteenth Region, among the employees in
the unit found appropriate by the Board. Following the election the.
parties were furnished a tally of ballots which showed that of 14_
eligible voters 7 voted for, and 4 voted against, the Petitioner, and 3
ballots were challenged. The challenged ballots were sufficient in
number to affect the results of the election. Thereafter the Employer-
filed timely objections to conduct affecting the results of the election.-
In accordance with the Board's Rules and Regulations, the Regional
Director conducted an investigation of both the challenged ballots and
the objections and on February 23, 1960, issued and duly served upon
the parties his report on challenged ballots and objections, in which he
recommended that one of the above challenged ballots be sustained 2:
and that the objections be overruled. The Employer filed timely ex
ceptions and a supporting brief to the Regional Director's report.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member-
panel [Chairman Leedom and Members Bean and Fanning].
The Board has considered the Employer's objections, the challenged
ballots, the Regional Director's report and the exceptions thereto and
hereby adopts the findings and recommendations of the Regional
Director. 9 Accordingly, as the tally of ballots shows that the Peti-
tioner has received a majority of the valid votes cast in the election,
1125 NLRB 483.
2 As the challenges to the remaining two ballots would not affect the results of the-
election, the Regional Director in the main body of his report withheld his recommenda-
tion concerning them. We note , however , in his concluding paragraph that the Regional
Director recommended that the challenges be overruled.
3 As no exceptions were filed as to the Regional Director's sustaining the challenge to
the ballot of Vicki Mason, we shall adopt his recommendation pro forma and sustain the
challenge As the remaining two challenged ballots could not affect the results of the
election , it is unnecessary to make a determination regarding them. As for the visita-
tions by the Petitioner ' s representatives to the 'homes of employees during the week
immediately preceding the election for the purpose of campaigning for the Petitioner, we
find, for the reasons set forth in Plant City Welding and Tank Company, 119 NLRB 131,
at 133-134, that such conduct on the part of a union is not in and of itself coercive and
a basis for setting aside the election . Accordingly, as the Regional Director 's investiga-
tion disclosed that Petitioner ' s home visitations were unaccompanied by threats or other-
coercive conduct we overrule the objections based thereon.
127 NLRB No. 73.
560940-61-vol . 127-34
.514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
we shall certify the Petitioner as the collective -bargaining representa-
tive of the employees in the appropriate unit.
[The Board certified Retail Clerks International Association, Local
No. 536, AFL-CIO, as the designated collective -bargaining repre-
sentative of the employees in the unit heretofore found appropriate.]
Freeman Loader Corporation and United Steelworkers of
America, AFL-CIO , Petitioner. Case No. 25-RC-1778. April
29, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
:Relations Act, a hearing was held before George M. Dick, hearing
,officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the. representa-
tion of employees of the Employer within the meaning of Section
:9(c) (1) and Section 2(6) and (7) of the Act.
4. The Employer is engaged in the manufacture and sale of farm
tractor equipment at Peru, Indiana. The Employer and the Peti-
tioner agree generally that a production and maintenance unit, sought
by the Petitioner, is appropriate. They differ, however, as to the in-
clusion of seasonal employees, a draftsman, a welder in research and
development, leadmen, and other individuals alleged to be supervisors.
The Employer's business fluctuates due to the seasonal demand for
tractor equipment. Highest demand is in the spring planting season
between February and early April. In order to meet this increased
demand, about 35 unskilled employees are hired during this period to
supplement the year-round production force of about 58 employees.
Most of these extra employees are hired to work as material handlers
,and for manual work in the shipping department. A few are trained
in routine welding duties, such as preliminary assembly of spare parts.
127 NLRB No. 68.