81 N.L.R.B. 216 (N.L.R.B. 1949)

Leedon Webbing Co.

National Labor Relations Board - Board DecisionsJan 18, 1949

81 N.L.R.B. 216 (N.L.R.B. 1949)

In the Matter of JOHN JANOWSKI AND EDWARD JANOR SKI, CO-PART- NERS , D/B/A LEEDON WEBBING COMPANY, EMPLOYER and TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER Case No. 1-RC--580 SUPPLEMENTAL DECISION AND DIRECTION January 18, 1949 Pursuant to a Decision and Direction of Election,' an election by secret ballot was held on November 23, 1948, under the direction and supervision of the Regional Director for the First Region, among the employees of the Employer in the unit found appropriate. At the close of the election, the parties were furnished a Tally of Ballots. The Tally shows that there were approximately 18 eligible voters and that 19 ballots were cast, of which 8 were for the Petitioner, 6 against the Petitioner, and 5 were challenged. As the challenged ballots were sufficient in number to affect the results of the election, the Regional Director investigated the chal- lenges, and on December 23, 1948, issued and duly served upon the parties his Report on Challenged Ballots. In his Report, the Regional Director recommended that the chal- lenge to the ballot of Alexander Makowski be sustained, and that the challenges to the ballots of Alexander Davidow and Eleanor Conroy be overruled and their ballots be opened and counted. No exceptions having been filed to this portion of the Report on Challenged Ballots, we hereby adopt the Regional Director's recommendations as to these three challenged ballots. Exceptions were filed by the Employer to the Regional Director's findings and recommendations with respect to the challenged ballots of William Kruel and Henry Patuchek. Kruel was challenged by the Employer because of his employment on a part-time basis. The Regional Director's findings indicate that I October 29, 1948 ; unpublished. 81 N. L. R. B., No. 35. 216 LEEDON WEBBING COMPANY 217 Kruel is a high school student who has worked for the Employer for approximately 2 years, seldom less than 24 hours a week and often as many as 38 hours. On the ground that Kruel is a regular and year- round, part-time employee, the Regional Director recommended that he be found eligible to vote and that his challenged ballot be opened and counted. In his Exceptions, the Employer raises further objec- tions to Kruel's eligibility to vote on the alleged grounds that (1) Kruel has no expectation of staying on the job beyond next spring, and (2) his schooling relates to a skill not utilized in his employment. We find neither ground material to the issue of Kruel's eligibility. We agree with the Regional Director that, although a student, Kruel, as a regular part-time employee, has sufficient interest in the employ- ment conditions at the plant to be eligible to Vote .2 Accordingly, we hereby declare his ballot to be valid and shall order that it be opened and counted. Patuchek was challenged by the Petitioner. The Regional Direc- tor, upon the basis of certain facts ascertained in his investigation, recommended that the challenge be sustained for the alleged reason that the work of this employee "is so closely allied to management." As noted above, the Employer excepted to the findings and recom- mendation of the Regional Director. The Exceptions of the Em- ployer contained allegations which raise material issues of fact as to this employee. However, we find it unnecessary at this time to order a hearing to resolve these issues of fact, because a conclusive election may result from the opening and counting of the three challenged ballots found valid herein.3 DIRECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with John Janowski and Edward Ja- nowski, co-partners, d/b/a Leedon Webbing Company, Pawtucket, Rhode Island, the Regional Director for the First Region shall, pur- suant to National Labor Relations Board Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of Alexander Davidow, Eleanor Conroy, and William Kruel, and thereafter prepare and cause to be served upon the parties a Supplemental Tally of Ballots, including therein the counting of the challenged ballots. CHAIRMAN HERZOG and MEMBER GRAY took no part in the considera- tion of the above Supplemental Decision and Direction. z See , e. g., Matter of Inter-Mountain Telephone Co , 79 N L. R. B. 715. 8 Matter of Glenn L. Martin Company , 76 N L R B. 755.