Ciba States Ltd.

National Labor Relations Board - Board Decisions

Feb 10, 1955

111 N.L.R.B. 603 (N.L.R.B. 1955)

CIBA STATES LIMITED 603
(B) All employees of the San Juan Commercial Company, em-
ployed at the Army terminal in Catano, Puerto Rico, engaged in the
checking of cargo being loaded or unloaded at said Army terminal,
excluding all other employees, executives, professional employees,
guards, paymaster, and all supervisors within the meaning of the Act.
[Text of Direction of Elections omitted from publication.]
CIBA STATES LIMITED and LOCAL UNION #532 OF LEAD BURNERS JOINT
COUNCIL OF UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND PIPE FITTING INDUSTRY OF UNITED STATES
AND CANADA , AFL, PETITIONER . Case No. 4-RC-2472. February
10,1955
Supplemental Decision and Direction
Pursuant to the Decision and Direction of Election issued herein on
November 5, 1954,1 an election was conducted on December 3, 1954,
under the direction and supervision of the Regional Director for the
Fourth Region, among the employees in the unit heretofore found ap-
propriate. At the close of the election, a tally of ballots was furnished
each of the parties in accordance with the Board's Rules and Regula-
tions. The tally shows that 2 valid ballots were cast for the Petitioner,
no ballots were cast for the Intervenor, Toms River Chemical Em-
ployees Union, no ballots were cast against the participating labor
organizations, 3 ballots were challenged, and no ballots were void. No
objections to the election were filed within the time provided therefor.
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director, acting pursuant to the
Board's Rules and Regulations, investigated the issues raised by the
challenges, and on December 17,1954, issued his report and recommen-
dations on challenges. The Regional Director recommended that the
challenge to 1 ballot be sustained, that the challenges to 2 ballots be
overruled, and that the Board amend its appropriate unit finding.
On December 30, 1954, the Petitioner filed exceptions to the Regional
Director's report.
The Board has considered the Regional Director's report, the excep-
tions, and the entire record in the case and hereby adopts the findings,
conclusions, and recommendations of the Regional Director except
insofar as they are inconsistent herewith.
1. In the absence of any exception thereto, we adopt the Regional
Director's recommendation that the challenge to the ballot of James
Conklin be sustained.
1 Not reported In printed volume of Board Decisions and Orders.
111 NLRB No. 98.
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. In its Decision and Direction of Election , the Board found the
following unit appropriate :
All leadburners and leadburner apprentices at the Employer's
Toms River, New Jersey, plant, excluding all office and clerical
employees, professional employees, all other employees, and all
supervisors as defined in the Act.
No evidence was introduced at the hearing that the Employer em-
ployed leadburner helpers. Accordingly, the unit finding did not spe-
cifically include or exclude leadburner helpers. It now appears, how-
ever, as a result of the Regional Director's investigation of the issues
raised by the challenges, as set forth in his report, that two employees,
Joseph Geiges and Benjamin Iski, are leadburner helpers who would
be included in the unit under the American Potash rule on which the
unit finding herein was based.2 As the Board stated in the American
Potash case, "In our opinion a true craft unit consists of a distinct and
homogeneous group of skilled journeymen, working as such, together
with their apprentices and/or helpers." [Emphasis supplied.] We
find, therefore, that Geiges and Iski are included in the appropriate
unit, and we adopt the Regional Director's recommendation that the
challenges to their ballots be overruled.
[The Board directed that the Regional Director for the Fourth
Region shall, pursuant to the Rules and Regulations of the Board,
within ten (10) days from the date of this Direction, open and count
the ballots, cast in the election held herein on December 3, 1954, of
Joseph Geiges and Benjamin Iski, and thereafter prepare and serve
upon the parties to this proceeding a revised tally of ballots.]
CHAIRMAN FARMER took no part in the consideration of the above
Supplemental Decision and Direction.
2 See Ameraoan Potash & Chemical Corporation , 107 NLRB 1418.
MENASCO MANUFACTURING COMPANY and DAVID J. CATROW, PETI-
TIONER and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 758,
A. F. L. Case No. 21-RD-228. February 10,1955
Decision and Order
Upon a petition for decertification duly filed under Section 9 (c)
of the National Labor Relations Act, a hearing was held before Irving
Helbling, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board finds :
111 NLRB No. 96.