Essex-Graham Co.

National Labor Relations Board - Board Decisions

May 28, 1954

108 N.L.R.B. 1189 (N.L.R.B. 1954)

ESSEX-GRAHAM COMPANY 1189
seeks the advice of the office manager , who is the supervisor
of the office employees.
The Regional Director found that Heberer did not have the
authority to hire or discharge employees , or effectively to
recommend such action and, further , that she did not respon-
sibly direct the work of other employees . The Union excepted
to these findings . The Union did not, however , submit any
additional facts to substantiate its exceptions . In these circum-
stances, we conclude that Heberer is not a supervisor as de-
fined in the Act and was , therefore , eligible to vote in the elec -
tion. Accordingly , we adopt the Regional Director ' s recom-
mendation and hereby overrule the challenge to her ballot.
Jack McCoy : McCoy goes to the post office the first thing in
the morning and picks up mail , which he delivers to the terminal
office. He then works the rest of the day in the shop office
located about a half block from the main terminal office. His
duties there include keeping the garage files on maintenance
and repairs of trucks and trailers , making out personnel papers
on new applicants for garage employment , typing repair orders
for driver ' s reports , typing employee names ontimecards, and
maintaining greasing and lubricating records of trucks and
trailers.
The facts reveal that McCoy is located apart from the office
clerical employees and that the majority of his clerical duties
are directly related to the maintenance work of the garage
employees . We find that his duties are primarily of a plant
clerical nature and that, therefore , he was not eligible to vote
in the election . Accordingly , in disagreement with the Regional
Director , we sustain the challenge to the ballot of Jack
McCoy.
[The Board directed that the Regional Director for the
Fourteenth Region shall impound the challenged ballots of Jean
Ann Talkington , James Faulkner , Margie Farrer , and Jack
McCoy and , within ten ( 10) days from the date of this Direction,
open and count the challenged ballot of Mary Heberer , and shall
thereafter prepare and cause to be served upon the parties a
revised tally of ballots , including therein the count of said
challenged ballot.]
ESSEX -GRAHAM COMPANY and UNITED STEELWORKERS
OF AMERICA , CIO, Petitioner . Case No. 13 -RC-3657.
May 28, 1954
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued
by the Board on March 4 , 1954 ,1 an election by secret ballot
1107 NLRB 1491.
108 NLRB No. 156.
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was conducted on March 25, 1954, under the supervision
of the Regional Director for the Thirteenth Region, among
the employees in the appropriate unit at the Employer's
plant in Chicago, Illinois. Upon completion of the election,
the parties were furnished with a tally of ballots which showed
that of approximately 65 eligible voters, 59- case valid ballots,
of which 48 were for and 11 were against the Petitioner.
There were 2 void ballots. No ballots were challenged.
On March 30, 1954, the Employer filed timely objections
to conduct allegedly affecting the results of the election.
In accordance with the Board's Rules and Regulations, the
Regional Director conducted an investigation and, on April 16,
1954, issued and duly served upon the parties his report on
objections. In this report, the Regional Director found that the
Employer's -objections did not raise substantial and material
issues, and recommended that the objections be overruled and
that the results of the election be certified. Thereafter, the
Employer filed timely exceptions to the Regional Director's
Report and to his recommendations.
Under all the circumstances, we find that the facts revealed
by the Regional Director's entire investigation do not raise
substantial or material issues respecting the outcome of the
election so as to warrant setting it aside. Accordingly,
no useful purpose would be served by holding a hearing
on the objections, as the Employer requests . The Employer's
objections to conduct allegedly affecting the results of the
election are therefore overruled.
As the Petitioner has received a majority of the valid votes
cast, we shall certify the Petitioner as the exclusive bargaining
representative of the employees in the appropriate unit.
[The Board certified United Steelworkers of America, CIO,
as the designated collective -bargaining representative of the
employees of Essex-Graham Company, Chicago, Illinois, inthe
unit heretofore found appropriate.]
COMPLIANCE STATUS of INTERNATIONAL FUR & LEATHER
WORKERS UNION OF UNITED STATES AND CANADA.
May 28, 1954
DETERMINATION AND ORDER
On April 20, 1954, after Ben Gold was found guilty under
title 18 U.S.C. section 1001 of having made false statements
in his non-Communist affidavit filed with the Board on August
29, 1950, the Board issued a notice to show cause why it should
not deem International Fur & Leather Workers Union of United
States and Canada not to be in compliance with Section 9
(h) of the Act and withhold all further benefits under the Act
108 NLRB No. 168.