Jefferson Co., Inc.

National Labor Relations Board - Board Decisions

Mar 17, 1955

111 N.L.R.B. 1009 (N.L.R.B. 1955)

JEFFERSON CO., INC. 1009
tice be narrow or broad ; it may in either event be necessary to refer
to the subsequent conduct of the parties, in order to ascertain the effect
they intended it to have. Accordingly, I disassociate myself from
that part of the decision which clearly implies that a broad notice
to reopen requires an implication of intent to terminate the existing
contract and to negotiate a new contract.
CHAIRMAN FARMER took no part in the consideration of the above
Decision and Order.
JEFFERSON Co., INC. and RETAIL CLERKS UNION LOCAL No. 1625, RETAIL
CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER. Case No.
10-RC-2782. March 17,1955
Supplemental Decision and Direction
Pursuant to a Decision and Direction of Election dated November
19, 1954, an election by secret ballot was conducted on December 16,
1954, under the direction and supervision of the Regional Director
for the Tenth Region, among the employees of the Employer in the
unit found appropriate. Upon conclusion of the balloting the parties
were furnished with a tally of ballots which showed that there were
approximately 38 eligible voters and that 38 ballots were cast, of
which 18 were for the Petitioner, 1 was for the Intervenor,' 17 were
against the participating labor organizations, and 2 were challenged.
The challenged ballots are insufficient in number to affect the results
of the election.
The Regional Director conducted an investigation of the issues
raised by the challenges, and on January 6, 1955, issued and served
upon the parties his report on challenged ballots, recommending that
the challenge to the ballot of Don Ferone be overruled and that
the challenge to the ballot of John Gallucci be sustained. No excep-
tions were filed by any of the parties. Although, on January 17,1955,
the Employer filed a document entitled "Exceptions to Portion of
Report on Challenged Ballot of John Gallucci," it took no exception
to the Regional Director's recommendation, but merely objected to the
inclusion in the report of an ex parte statement by John Gallucci which
the Employer contends is without merit.
The Board, having duly considered the entire record with respect
to the challenged ballots, finds merit to the Regional Director's recom-
mendations which we hereby adopt. Accordingly, we shall overrule
the challenge to the ballot of Don Ferone and direct that the ballot
be opened and counted, and we shall sustain the challenge to the
ballot of John Gallucci.
I Congress of Industrial Organizations.
111 NLRB No. 161
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[The Board directed that the Regional Director for the Tenth
Region shall, within ten (10) days from the date of this Direction,
open and count the ballot of Don Ferone and thereafter prepare and
cause to be served upon the parties a supplemental tally of ballots,
including therein the count of the ballot described above.]
LATROBE FOUNDRY MACHINE & SUPPLY Co. and UNTPED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA (UE), PETITIONER. Cade
No. 6-RC-1515. March 18,1955
Decision and Direction of Election
Upon a petition duly filed, under Section 9 (c) of the National Labor
Relations Act, a hearing was held before W. G. Stuart Sherman, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
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 Employer moves to dismiss the petition on the ground that
the Petitioner is "fronting" for its noncomplying District Council No.
6. In view of our decision in The Magnavox Company, 111 NLRB
379, we find that UE District Council No. 6 is not a labor organization
within the meaning of the Act. Accordingly, we deny the motion
and find that the labor organization named below claims to represent
certain employees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of the Act :
All production and maintenance employees of the Employer at its
Latrobe, Pennsylvania, plant, excluding office and clerical employees,
professional employees, foremen, and all other supervisors 2 and
guards 3 as defined in the Act.
[Text of Direction of Election omitted from publication.]
'The motion for intervention of the International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, UAW-CIO, is denied ; we have adminis-
tratively determined that a substantial number of the cards submitted in support of the
motion were predated , and hence of doubtful validity. The United Boat Service Corpora-
tion, 55 NLRB 671.
2 At the hearing , the parties stipulated to exclude Boss Melter Reynolds from the unit
as a supervisor within the meaning of the Act.
3 The Employer would exclude the watchman-janitor from the proposed unit. This em-
ployee spends the major portion of his time in janitorial duties. In accordance with our
usual practice , we include him in the unit The McKay Machine Company, 93 NLRB 822
at 825, footnote 6.
111 NLRB No. 174.