Corson Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 159 (N.L.R.B. 1943)

In the Matter of CORSON MANUFACTURING COMPANY and UNITED
PAPER, NOVELTY AND Toy WORKERS INT'L UNION-C. I. O.
Case No. R-5155. -Decided July 8,1943
SUPPLEMENTAL DECISION
AND
DIRECTION
On May 10, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 4, 1943, under the direction and supervision of the
Regional Director for the Third Region (Buffalo, New York). On
June 5, 1943, the Regional Director, acting-pursuant to Article III,
Section 10, 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 results thereof, the Regional Director
reported as follows :
Approximate number of eligible voters----------------------- 61
Total ballots cast------------------------------------------- 58
Total ballots challenged------------------------------------- 2
Total void ballots------------------------------------------ 0
Total blank ballots------------------------------------------ 0
Total valid votes counted------------------------------------ 56
Votes cast for,Printing Pressmen and Assistants Union, Local
No. 27, A. F. of L----------------------------------------- 28
Votes cast for neither--------------------------------------- 0
Votes cast for United Paper, Novelty and Toy Workers Int'l
Union-C. I. 0-------------------------------------------- 28
As a result of an investigation conducted by the Regional Director,
the Regional Director in his Election Report recommended that the
challenges of Arthur .McDonnell and Lewis Arlington be overruled.
On June 8, 1943, the C. I. O. filed Objections to this recommendation,
and on June 18, 1943, the Regional Director issued a Report on
Objections.
The Board has considered the Regional Director's Election Report,
the C. I. O.'s Objections to the Election Report, and the Regional
149 N L. R. B. 674.
51 N. L. R. B., No. 35.
159
160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director's Report on Objections. The C. I. O. challenged the votes
of McDonnell ahd Arlington on the grounds that McDonnell is a
salaried employee, having some supervisory duties, and engaging in
clerical work; and that Arlington is no longer considered an employee
of the Company, having left because of illness in December 1942.
The Regional Director's investigation reveals that McDonnell is a
shipping employee whose duties consist of wrapping, loading, and
unloading stock received by and shipped from the plant, and keeping
stock records approximately 10 percent of the time. He has no au-
thority to hire or discharge, or to recommend such 'action, and does
not supervise the work of any employee. He has been employed by the
Company in the same general capacity for, approximately 20 years.
With respect to Arlington, the investigation discloses that Arlington
has been in the employ of the Company continuously for about 20
years as a pressman; that in December 1942, he was informed by his
physician that he had tuberculosis, and was granted an indefinite leave
of absence by the Company. His health has improved and he desires
to return to work as soon as his health permits. He has been assured
by the Company that his job will be kept open for him until h@ is
physically fit to return to work. The Board hereby adopts the rec-
ommendations of the Regional Director with respect to the challenges
and finds the C. I. O.'s Objections to be without merit. The ballots
of Arthur McDonnell and Lewis Arlington are declared valid.
Since the challenged ballots, which we have ruled to be valid bal-
lots, may affect the outcome'of the election, we shall direct that they
be counted and that a Supplemental Election Report be served upon
the parties by the Regional Director.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Corson Manufacturing Company, Lockport, New York, the
Regional Director for the Third Region (Buffalo, New York) shall,
pursuant to said Rules and Regulations' and subject to Article III,
Section 10 thereof, within ten (10) days from the date of this Direction,
open and count the challenged ballots herein declared valid, and
shall thereafter prepare and cause to be served upon the parties to this
proceeding a Supplemental Election Report embodying his findings
therein and his recommendations as to the result of the balloting.
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