86 N.L.R.B. 1227 (N.L.R.B. 1949)

Lake City Malleable, Inc.

National Labor Relations Board - Board DecisionsNov 3, 1949

86 N.L.R.B. 1227 (N.L.R.B. 1949)

In the Matter of LAKE CITY MALLEABLE, INC., EMPLOYER and INTER- NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFL, PETITIONER Case No. 8-RC-446.=Decided November 3, 1949 DECISION AND DIRECTION On June 15, -1949, the Regional Director for the -Eighth Region (Cleveland, Ohio), pursuant to a stipulation for Certification upon Consent Election, conducted an election among certain employees of the Employer at its Ashtabula, Ohio, plant. Upon the conclusion of the election, a Tally of Ballots was fur- nished the parties in accordance with the Rules and Regulations of the Board. The tally shows that of approximately 465 eligible vot ers, 328 cast ballots, of which 65 were for the Petitioner, and 1 was against the Petitioner. There were no void ballots, but 262 were challenged.' Because the challenged ballots were sufficient in number to affect the results of the election, the Regional Director conducted an investi- gation and, thereafter, on August 5, 1949, issued and served upon the parties a Report on Challenged Ballots, in which he made the follow- ing recommendations : 2 (1) that the challenges to the ballots of 71 replacements 8 be overruled; and (2) that challenges to the ballots of 167 strikers 4 be sustained. On August 22, 1949, the Intervenor 5 filed Exceptions to the Report on Challenged Ballots, contending, among other things : (1) that the strike is an unfair labor practice strike; (2) that the strikers made unconditional applications for reemployment; (3) that the replace- ments are not bona fide, or permanent; and (4) that the Employer's plant is presently operating with less than its normal complement 1 The challenges were made by the Board agent who conducted the election . The parties had previously agreed that all strikers and replacements were presumptively eligible to vote, subject to challenge. 2 Other recommendations of the Regional Director will be discussed hereinafter. 8 Listed in Appendix A, attached. ` Listed in Appendix B, attached. 8 Donald H. Freeborn , and other striking. employees. 86 N. L. R. B., No. 139. 1227 1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees. On September 9, 1949, the Intervenor filed a Request for Oral Argument, and by letter dated September 12, 1949, the Inter- venor requested permission to file a Supplemental Memorandum con- taining analysis and other data., Upon the basis of the entire record in this case, we are of the opinion that the Regional Director's findings and conclusions, as contained in his Report, are proper. No new issues have been presented in the Intervenor's Exceptions. Accordingly, we shall adopt the Regional Director's recommendations regarding the disposition of challenges to the ballots cast by the strikers whose names appear in Appendix B, and sustain the challenges to their ballots. We shall adopt the Regional Director's recommendations regarding the challenges to the ballots cast by the replacements whose names appear in Appendix A, and overrule the challenges to their ballots. We shall affirm the find- ings and recommendations of the Regional Director with respect to challenges to those individual ballots which have not been excepted to by the Intervenor. We shall not pass upon the Regional Director's findings with respect to nine individual challenges, excepted to by the Intervenor, unless it appears after counting the ballots of. the employees named in Appendices A, C,' and D,$ that such nine votes are sufficient to affect the results of the election. DIRECTION IT IS HEREBY DIRECTED that the Regional Director for the Eighth Region shall, within ten (10) days from the date of this Direction, open and count the ballots cast by the employees listed in Appendices A, C, and D, and thereafter prepare'and serve upon the parties to this proceeding a Supplemental Tally of Ballots, including therein the count of such challenged ballots. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction. APPENDIX A Replacements Allen, George Boberg, Doris Brown, Mary Beninghaus, Carl Boggs, Robert Candela, Steve Benjamin, Kenneth Boysaw, Glair Carter, Henry 9 The Intervenor', requests for oral argument and for permission to file a Supplemental Memorandum are hereby denied. 7 Which contains the names of employees who should be classified as replacements, the challenges to whose ballots are hereby overruled. 8 Which contains the names of two individuals , the challenges to whose ballots are hereby overruled. LAKE CITY MALLEABLE, INC. 1229 Coy, Donald. Jones, Julius Otto, Charles Coy, Ernest Jones, Keith Pasonen, William Cox, Ralph Katzmann, Emilie Platz, John Diemer, Charles Kent, Nelson Rasheed, Haroon Emery, George Krueger, Clifford Reiss, Gottfried Evans, David Laird, William Reiss, Mary Evans, Willard Lockwood, John Robinson, Frank Fenton, Francis Loney, Lawrence Sammalisto, Eino Frigic, Louis Loveland, Homer Scribben, Bernard Gilliland, Gaylord Loyd, Hobart Seeley, Hugh Glass, John McQueen, Alphonzio Simpson, Leonard Hadlock, Lester Martin, Harold Smegal, Robert Hare, Ralph Maxwell, Sam Smith, David Harnist, William Mervine, Jacob Smith, Ray Harnit, James Montgomery, Harry Smolinski, Anthony Harris, Alfred Montgomery, Walter Specht, John Harvey, Norman Mullen, David Standridge; Willard Roman, Albert Murphy, Frank Volpone, Guinio House, Ruell Nevison, Herbert Wallace, Cyril Huser, Forrest North, Paul Witlicki, Bill Johnson, Ralph Olekshuk, Steve APPENDIX B Strikers Adamski, Theresa Beckman, John Cafaro, Dominic Anderson, Carl Beebe, Chauncey Cameron, Calvin Anderson, Robert Beebe, Raymond Camplese, Albert Andolsek, Edward,, Bellone, Louis Camplese, Guido Jr. Benham, Lawrence Cartner, William Andrej ack, Joseph Berinato, Anthony Cave, Edward L. Anthony, Carl Bjerstedt, Anton Cheatwood, Raymond Arcaro, Henry A. Bjerstedt, Hazel E. Cimorelli, Anthony Atkins, Harold Black, Norman A. Clark, Luella M. Bailey, Henry Block, Max O. Collette, Dominick Baker, Oswald Bombino, Joseph Creed, George E. Barchanowicz, Ed- Boughner, Thomas E. Crockett, Matthew ward Boyle, Robert Crudele, Rose Barchanowicz, Vince Brake, Albert Curtiss, Emery Barchok, John A. Brooks, William J. Davis, John Barchok, Stanley Brown, Peter Dawson, George Bassett, Harland Buckhardt, Leo Dezolt, James Beckman, Eugene Bucko, George DiMare, Ralph 1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Dyer, Wilbert Kidner, Charles Riggs, Wesley Eastlake, Lester R. Kivela, Willard Ringer, Howard Eastlake, Melvin J. Klein, Theodore R. Rosencrans, Charles Eskelin, Eugene J. Kresovich, Joe Ross, Josepli Feralo, Floyd Kulis, Wladyslaw Rounds, Edward H. Florkowski, Felix Kurnat, John Salin, William A. Foley, Charles W. Landon, Seymour Salva, Joseph Forinish, Novel M. Laturell, August Salvato, Rose Fratis, Anthony Laughlin, William Scardino, Mike Freeborn, Donald Lazanis, John Scott, Fred Games, David Longobucco, Antonio Saverice, Fred Gerrick, Joseph Lloyd, Howard Seme, Anton Gerrick, Mike E. MacMichael, Donald Shank, Keith Getsey, Gabriel G. Madden, Harry P. Shannon, Willie Glegg, George D. Marsh, Frances L. Sharp, Earl Goudy, Joseph Meany, Lawrence Shipp, Walter Guyer , Dale K. Molnar, Julia Simmons, LOrietta Hallgren, David Monda, Samuel Smith, Addison Hallis, John Monda, Tony Smith, Everett Harnist, Clarence Moody, Elliott R. Stegall, Arthur Harnist, James L. Moore, Ellen Ruth Swanson, Floyd Harnist, Robert Mahirney, Theodore Swartz, Chester Hill, Harold Neill, William P. Taylor, Mildred B. Hinson, James Nelson, Carl Terry, Carl Hockran, Frank T. Nelson, Carl N. Toman, Edward Hogan, Carl W. Nerad, Edward Townsend, Merle Housel, Lee Northrup, George Turner, Lyle Hoyt, John Notter, Henry, Sr. Uonelli, Anthony R. Hukoff, Alex Notter, Nicholas Van Dalsem, Walter Hummer, Arnold Olix, Charles Wagner, Edward Humphry, Nelson Orlando, Vincent A. Washut, Cecil Ivari, Vaino Palmer, Owen Wetherbee, William, Izzi, Cosmo. Phelps, Lyal Sr. Jalo, Wayne Piper, Dorothy I. White, Myron Johnson, Carl Pizi, Nicholas William, Harry Jones, Forest Presciano, James Wood, Alton Juhola, Martha S. Rapose, Charles P. Zwaduk, Edward Kangas, Leonard Rich, John Kester, Francis Rich, Joseph D. LAKE CITY MALLEABLE , INC. 1231 APPENDIX C Classified as Replacements and Challenges to Ballots Overruled Harnist, Richard Sinkavich , Anthony Laatu, Jacob Werenko, Joseph Rose, Robert APPENDIX D Challenges to Ballots Overruled Bern, Roy Cartner, Richard