Crowell Carton Co.

National Labor Relations Board - Board Decisions

Sep 29, 1953

106 N.L.R.B. 1208 (N.L.R.B. 1953)

1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL bargain collectively upon request with Local 1113, UE, as the exclusive
representative of all our employees in the bargaining unit described below , with respect
to rates of pay, wages, hours of employment and other conditions of employment and if
an agreement is reached embody such understanding in a signed contract . The bargaining
unit is:
All our production and maintenance employees employed at our Wausau plant, exclud-
ing engineers , regular experimental testers , office and clerical employees , guards,
professional and supervisory employees as defined in the Act.
MARATHON ELECTRIC MFG. CORP.,
Employer.
Dated ............. By.................................................................. ...............
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof, and must not be altered,
defaced, or covered by any other material.
CROWELL CARTON CO. and UNITED PAPERWORKERS OF
AMERICA, CIO, Petitioner and INTERNATIONAL PRINTING
PRESSMAN AND ASSISTANTS UNION OF NORTH AMERICA,
LOCAL 557, AFL. Case No. 7-RC-2130. September 29, 1953
DECISION AND CERTIFICATION OF REPRESENTATIVE
On May 6, 1953, pursuant to a stipulation for certification
upon consent election executed between the Petitioner, Inter-
venor, and Employer, on April 24, 1953, an election by secret
ballot was conducted under the direction and supervision of
the Regional Director for the Seventh Region. At the conclusion
of the election, the parties were furnished with a tally of
ballots' which showed that of approximately 92 eligible voters,
85 cast ballots, of which 39 were for the Petitioner, 37 were
for the Intervenor, and 9 were challenged.
As the challenged ballots were sufficient in number to affect
the results of the election, the Regional Director investigated
the challenges and on July 17, 1953, issued and duly served
upon the parties his report on challenges, in which he recom-
mended that the challenge to one ballot be overruled and the
challenges to the remaining ballots sustained. As the over-
ruling of only one challenged ballot could not affect the results
of the election, the Regional Director recommended that the
Board certify the Petitioner as representative of the employees
i The Intervenor in its exceptions to the Regional Director's report on challenged ballots
states that "the tally of ballots was not served upon counsel of record for the Intervenor
up to this date." There is no evidence however that the tally was not furnished the parties,
inasmuch as the exhibits show that the Intervenor was represented by its authorized observer
who acts as its agent in the election proceedings. See Plainfield Courier-News Co., 97 NLRB
260.
106 NLRB No. 203
CROWELL CARTON CO. 1209
of the Employer . The Employer filed no exceptions to this
report.2
The Petitioner challenged the ballots of Balinger , Sands,
Isham , Bicknell , Gould, and Crowe . The Employer challenged
Medure ' s ballot. The ballots of Thunder and Carroll were
challenged by the Board agent . The Regional Director recom-
mended that the challenge to Carroll be overruled and that the
challenges to the other ballots be sustained . Neither the Em-
ployer nor the Petitioner excepted to the Regional Director's
report . The Intervenor on July 27 , 1953 , filed exceptions with
respect to five of the challenges , Sands, Isham, Bicknell,
Gould, and Medure, which the Regional Director had recom-
mended to be sustained . No exceptions were filed with respect
to the Regional Director ' s recommendations as to the other
challenged ballots.
The Regional Director found that Sands, Isham , Bicknell,
Gould, and Medure were supervisors within the meaning of the
Act, relying , among other things , on the Employer's statement
that , as working foremen , these individuals as sign work , handle
grievances , are authorized to discipline employees under them,
and can make effective recommendations with respect to
wages , merit increases , and the hiring and discharge of em-
ployees. As already indicated , the Employer did'not except to
these findings . The Intervenor contends in its exceptions that
"incidental direction of personnel , and authority exercised by
experienced employees over those who are less skilled does
not operate to bring employees within the ambit of the statutory
exclusion provided for supervisors." However , the Intervenor
does not except to the Regional Director ' s finding that these five
individuals can make effective recommendations with respect
to wages , merit increases , and the hiring and discharge of
employees , factors which clearly are sufficient basis for
finding that these individuals are supervisors . Accordingly, we
shall adopt the Regional Director ' s recommendations that the
challenges as to Sands , Isham, Bicknell , Gould and Medure be
sustained.'
In its exceptions , the Intervenor objects (1) to the conduct of
the Board agent in stating that employee Van Voorheis was
eligible to vote and (2) to the Board agent ' s counting as valid
the ballot of an unidentified voter which the Intervenor now
claims is defaced . As these allegations are in effect objections
to the conduct of the election which were not filed within 5
days after the tally of ballots had been furnished , they were not
timely filed .4 In any event , no valid basis exists for these
2 In answer to the Regional Dicector 's letter of May 11, 1953 , requesting that the parties
state their positions on the challenged ballots , the Employer by letter on May 15, 1953,
noted its concern about the ballot of employee Van Voorheis . Since this matter was also
the subject of Intervenor 's exceptions to the Regional Director's report on challenged ballots,
it is dealt with hereinafter,
3 National Container Corporation of Wisconsin , 97 NLRB 1009, 1013.
4The objection as to the Van Voorheis ballot was first made in a letter to the Regional
Director 10 days after the service of the tally, and the objection based on an allegedly void
ballot was first made in a similar letter 7 days after the service of the tally.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
objections . The Regional Director found that the plant clerical
employees were included in the unit description setforth in the
consent - election agreement and that Van Voorheis was a plant
clerical employee whose name appeared on the eligible list.
Under these circumstances , we perceive no impropriety in the
Board agent ' s statement that Van Voorheis was eligible to vote.
As to the ballot of the unidentified voter on which a circle was
made around the box in which the cross was marked , we do not
construe such marking to be of such a character as to mar or
deface the ballot.5
Accordingly , we overrule the Intervenor ' s exceptions to the
Regional Director's report on challenged ballots. As the
Petitioner received a majority of the valid ballots cast, we will
certify it as the representative of the employees in the following
unit as set forth in the consent - election agreement:
All employees in the Employer ' s plant, including plant
clerical employees , and excluding office clerical em-'
ployees , professional employees , plant guards , and super-
visors as defined in the Act.
[The Board certified United Paperworkers of America, CIO,
as the designated collective -bargaining representative of the
employees of the above -named Employer, in the unit herein-
above set forth.]
5 N. L. R. B. v. Whitinsville Spinning Ring Company , 199 F . 2d 585 (C. A. 1).
SYLVANIA ELECTRIC PRODUCTS , INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS , AFL, Petitioner and LO-
CAL 614, INTERNATIONAL UNION OF ELECTRICAL,
RADIO AND MACHINE WORKERS, CIO . Case No. 4-RC-
1848. September 29, 1953
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVE
Pursuant to a Decision and Direction of Election ' issued by
the Board herein on March 24, 1953 , an election by secret
ballot was conducted on April 9 , 1953, under the direction and
supervision of the Regional Director for the Fourth Region.
Upon completion of the election , the parties were furnished with
a tally of ballots , which showed that out of approximately 274
eligible voters , 263 cast ballots , of which 137 were for the
International Association of Machinists , AFL, hereinafter
called the IAM; 109 were for Local 614, International Union of
Electrical , Radio and Machine Workers , CIO, hereinafter
called the IUE-CIO; and 15 were againstthe participating labor
1103 NLRB 989.
106 NLRB No. 196.