Keystone Electric Manufacturing Co.

National Labor Relations Board - Board Decisions

May 17, 1950

89 N.L.R.B. 1391 (N.L.R.B. 1950)

In the Matter of KEYSTONE ELECTRIC MANUFACTURIN(;l COMPANY,
EMPLOYER 1 and LOCAL UNION 57, LABORERS' DISTRICT COUNCIL OF
PHILADELPHIA AND VICINITY, AFFILIATED WITH INTERNATIONAL
HOD CARRIERS, BUILDING AND COMMON LABORERS' UNION OF AMERICA,
A. F. L., PETITIONER 2
Case No. 4-RC-671.-Decided May 17, 1950
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 E. Don Wilson, hearing offi-
-cer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
-panel [Members Houston, Reynolds, and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations 3 involved claim to represent certain
.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 accord with the agreement of the parties we find that all pro-
duction and maintenance employees at the Employer's Philadelphia,
Pennsylvania, plant, excluding all clerical employees, guards, pro-
fessional employees, and supervisors as defined in the Act, constitute
1 The Employer 's name is amended to conform to the record.
s The Petitioner 's name appears as amended at the hearing.
Local 98 , International Brotherhood of Electrical Workers, A. F. L., was granted inter-
vention.
89 NLRB No. 181.
1391
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a unit appropriate for the purposes of collective bargaining within the.
meaning of Section 9 (b) of the Act.
5. The Petitioner requests, in effect, that approximately 35 em-
ployees who were laid off on or about February 10, 1950, be declared
eligible to .vote in the election directed herein. The Employer asserts,
that these employees were permanently laid off without expectation of
reemployment and are not therefore eligible to vote.
It appears that each of these laid-off individuals -is the subject of
unfair labor practice charges filed by the Petitioner against the Em-
ployer in Case No. 4-CA-358, alleging violations of Section.8 (a)
(1) and (3) of the Act.4 Under the circumstances, we shall not at
this time make any determination of their eligibility based on pros-
pects of reemployment, but shall allow the individuals named in the-
charges to participate in the election by casting separate challenged.
ballots in accordance with the Board's.practice.5 However, their bal-
lots will be segregated and will not be counted unless determinative-
of the results of the election. In the latter event, the filial disposition.
of this case will await the outcome of the unfair labor practice pro-
ceedings which are still under consideration. By allowing these. indi-
viduals to vote we are not to be taken as having passed in any way on.
the legality or illegality of their layoff.
DIRECTION OF ELECTION 8
As part-of the investigation to ascertain representatives for the pur-
poses 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 supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations.
Board Rules and Regulations, among the employees in the unit found.
appropriate in paragraph numbered 4, above, who were employed.
during the payroll period immediately preceding the date of this.
Direction of Election, including the persons alleged to have been dis-
criminated against in the unfair labor practice charges filed in Case
No. 4-CA-358, and including employees who did not work during said
' As the Petitioner filed a waiver of its right to file objections to the election based upon
matters contained in the charges , we shall direct an immediate election.
5 See Virginia Gear & Machine Corporation, 88 NLRB 58.
"The Petitioner has requested that its name appear on the ballot as Local Union 57,
A. F. L., and the Intervenor has requested that its name appear on the ballbt as Local
Union 98, I. B. E. W., A. F. L. No objections have been interposed to these requests.
They are hereby granted. Either participant in the election directed herein may, upon
its prompt request to, and approval thereof by, the Regional Director ;. have its name
removed from the ballot.
KEYS 'T'ONE ELECT RIC MANUFACTURING COMPANY 1393
payroll period because they were ill or on vacation or temporarily
laid off , 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 whop
are not entitled to reinstatement , to determine whether they desire to.
be represented , for purposes of collective bargaining , by Local, Union:
57, Laborers ' District Council of Philadelphia and Vicinity, Affiliated
with International Hod Carriers , Building and Common Laborers"
Union of America , A. F. L., or by Local 98, International: Brotherhood:
of Electrical Workers, A. F. L., or by neither.