E. W. Bliss Co.

National Labor Relations Board - Board Decisions

Jun 8, 1948

77 N.L.R.B. 1080 (N.L.R.B. 1948)

In the Matter of E. W. BLISS COMPANY, TOLEDO WORKS, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, POWER-
HOUSE EMPLOYEES , OPERATORS AND MAINTENANCE MEN, LOCAL No. 2,
A. F. L., PETITIONER
Case No. 8-R-2628
SUPPLEMENTAL DECISION
AND
CERTIFICATION
June 8, 1948
On March 2, 1948, the Board issued its Decision and Direction
of Election' in the above-entitled proceeding, directing that an elec-
tion by secret ballot be conducted among the employees of the Em-
ployer in the voting group therein described, to determine whether
they wish to be represented by International Brotherhood of Firemen
and Oilers, Powerhouse Employees, Operators and Maintenance Men,
Local No. 2, A. F. L., herein called the Petitioner, or by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, Local 12, C. I. 0., herein called the Intervenor,
or by neither of these organizations. Pursuant to the Decision and
Direction of Election, an election was conducted on March 24, 1948,
under the direction and supervision of the Regional Director for the
Eighth Region. Upon the conclusion of the election, a Tally of Ballots
was furnished the parties in accordance with the Rules and Regula-
tions of the Board. The Tally shows that eight persons cast ballots,
of which four were for the Petitioner, three were for the Intervenor,
and one was challenged. No objections to the conduct of the election
were filed by any of the parties.
As the challenged ballot could affect the outcome of the election, the
Regional Director, in accordance with the Board's Rules and Regu-
lations, conducted an investigation, and thereafter, on May 4, 1948,
issued and served upon the parties his Report on Challenged Ballot.
On May 7, 1948, the Intervenor filed exceptions to the Regional Di-
rector's Report.
I Matter of E. IV. Bliss Company, Toledo Works, 76 N. L R. B 475.
77 N. L. R. B., No. 173.
1080
E. W. BLISS COMPANY 1081'
In this Report, the Regional Director found that William Agocs,
challenged by the Board's agent because his name did not appear on
the eligibility list originally submitted by the Employer for the elec-
tion, is a laborer regularly employed in the Employer's foundry,
which is outside the powerhouse employee voting group of "engineers,
firemen, and coal passers" described in the Board's Decision herein;
that Agocs substitutes for the regular night coal passer, in the power-
house, when the latter is absent due to illness or any other reason;
that, during the two winter months preceding the election, he did this,
work 1 or 2 days weekly, and that, in the 6-week period following
the election, he did this work only for "several" days; and that at all
times his assignments in this relief role are irregular and intermittent.
The Regional Director recommended that the challenge be sustained.
In its Exceptions to the Regional Director's Report, the Intervenor
does not dispute the reported facts as to Agocs' employment, but
contends that he has a sufficient interest in the election to be entitled
to vote. We do not agree. Clearly, Agocs is a regular foundry
laborer and only an occasional substitute coal passer. As such, he
does not have a sufficient interest in the selection of a bargaining repre-
sentative for powerhouse employees to entitle him to vote in the elec-
tion.2 Accordingly, the challenge to the ballot of William Agocs is
hereby sustained and his ballot declared invalid.
In its Exceptions, the Intervenor also alleges that certain employees
who voted are supervisors and therefore not entitled to vote. No
such contention was previously made, either by way of challenge at
the election or by way of objection to the conduct of the election. In
accordance with our established practice, we will riot entertain such an
untimely challenge or objection.3
A Revision of the Tally of Ballots shows that the Petitioner has
secured a majority of the valid votes cast and that a collective bar-
gaining representative has been selected. In the Decision and Direc-
tion of Election, previously referred to, the Board made no final de-
termination of the appropriate unit, but stated that such determina-
tion would depend in part upon the results of the election among the
employees in the voting group.
Upon the basis of the entire record in the case, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all engineers, firemen and coal passers employed in
the powerhouse of the Employer's Toledo Works, Plant No. 2, Toledo,
2 Matter of Great Trails Broadcasting Company, 73 N. L. R. B. 396.
8Matter of A. J. Tower Company, 60 N L. R B. 1414 , aff'd N. L. R. B. v. A . J. Tower
Company, 329 U. S. 324.
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ohio, excluding supervisors, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Brotherhood of Firemen
and Oilers, Powerhouse Employees, Operators and Maintenance Men,
Local No. 2, A. F. L., has been designated and selected by a majority
of the employees of the above-named Employer, in the unit herein-
above found by the Board to be appropriate, as their representative
for the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, as amended, the said organization is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.