Latrobe Foundry Machine & Supply Co.

National Labor Relations Board - Board Decisions

Mar 18, 1955

111 N.L.R.B. 1010 (N.L.R.B. 1955)

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,
cpen 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 UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA (UE), PETITIONER. Case
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 Comnpany, 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 I 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-
tbon, 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.