Frank Ix & Sons Pennsylvania Corp.

National Labor Relations Board - Board Decisions

Jul 29, 1949

85 N.L.R.B. 492 (N.L.R.B. 1949)

In the Matter of FRANK Ix c'&SONS PENNSYLVANIA CORPORATION,
EMPLOYER and TEXTILE WORKERS UNION OF AMERICA, CIO,
PETITIONER
Case No.4-RC-406.-Decided July 29, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before John H. Wood,
Jr., hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members.
Houston and Murdock].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner is a labor organization claiming to represent
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. In substantial accord with the agreement of the parties, the
following employees of the Employer at its New Holland, Pennsyl-
vania, operations, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
All production and maintenance employees, including examiners,
cafeteria workers, and shipping and receiving clerks, but excluding
office and clerical employees, outside employees,' watchmen,' the nurse,
and all supervisors as defined in the Act.
1 This category embraces the carpenters, presently three in number , who spend almost
all their time servicing and maintaining the houses which the company rents to its
employees.
2 The watchmen , who were hired pursuant to the Employer ' s fire insurance policy,
spend all their time patrolling the plant , primarily to guard against fire, but also to
protect the Employer's property against vandalism, theft , and other damage . We there-
fore -find that they are guards within the meaning of Section 9 ( b) (3) of the amended
Act and we shall, contrary to the contention of the Petitioner , exclude them from the unit.
Matter of C. V. Hill ci Company , Inc., 76 N. L. R. B. 158 . Cf. Matter of Georgia Ferti
.lizer Company , 83 N. L. R. B., No. 21.
85 N. L . R. B., No. 83.
492
FRANK IX & SONS PENNSYLVANIA CORPORATION 493
5. The determination of representatives :
The Employer requests that employees in the armed forces who fall
within the appropriate unit and who are entitled to reinstatement
under the Selective Service Act be afforded an opportunity to cast
ballots by mail. The Petitioner has indicated agreement with the
Employer's position. There is no adequate or accurate data in the
record, however, as to the present addresses of any of the approxi-
mately 10 unnamed employees who are asserted to be on military leave.
All that appears therein is the acknowledgement by counsel for the
Employer that soldiers "do move about" and the statement by him
that "we think . . we can obtain their whereabouts at the time that
the ballots would be mailed to them. . . ." In view of the foregoing,
we are of the opinion that the conditions under which mail balloting
may be allowed, as set forth in platter o l South West Pennsylvania
Pipe Lines,-' have not here been met. - Consequently, we shall allow
only those employees in the armed forces of the United States who
present themselves in person at the polls to vote.'
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourth Region, and subject
to Sections 203.61 and 203.62 of National Labor Relations Board
Rules and Regulations, among the employees in the unit found appro-
priate in paragraph numbered 4, above, who were employed during
the pay-roll period immediately preceding the date of this Direction
of Election, including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
3 64 N . L. R. B. 1384.
See Matter of Tennessee Coal , Iron S Railroad Company, 65 N. L. R. B. 1416.
494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who present themselves in person at the polls, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented by
Textile Workers Union of America, CIO, for the purposes of collec-
tive bargaining.