Leonard Valve Co.

National Labor Relations Board - Board Decisions

Apr 18, 1956

115 N.L.R.B. 1044 (N.L.R.B. 1956)

1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lug effectively to the benefit of management and labor. Yet the
majority finds that the bargaining relationship is not stabilized by
the agreement. We cannot join in such an unrealistic finding. In our
'opinion the contract should be declared a bar to a determination of
representation for a reasonable time.'
T See Rohm and Haas Company , 108 NLRB 1285 . Member Rodgers , who dissented in this
case covering contracts terminable at will , considers himself bound by the majority
decision.
Leonard Valve Company and District 64, International Associa-
tion of Machinists, AFL-CIO, Petitioner. Case No. I-RC-4123.
April 18,1956
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
On December 12, 1955, the National Labor Relations Board issued
its Decision, Direction, and Order in the above-entitled proceeding,'
directing the Regional Director for the First Region to open and count
the challenged ballots of Edward Hassell and Percy R. Garbett and
directing, if these two ballots did not determine the outcome of the
election heretofore conducted in this proceeding, that a hearing be
held to determine the challenges to the ballots of George Moralee,
Frank Leo Brennan, and Henry A. N. Hendriksen.
Pursuant thereto, the Regional Director opened and counted the
ballots of Hassell and Garbett and, thereafter, issued and served upon
the parties in substance the following revised tally of ballots :
Original
tally
Challenged
counted
Revised
tally
Approximate number of eligible voters ______________________________ 27
Void ballots -------------------------------------------------------- 0
Votes cast for Petitioner -------------------------------------------- 13 0 13
Vote. s cast against participating labor organization __________________ 9 2 11
Valid votes counted ----------- ______________________________________ 22 24
Unopened challenged ballots. ______ __________________-______________ 5 3
As the revised tally of ballots showed that the counted ballots were
not determinative of the results of the election, the Regional Director
issued a notice of hearing for the purpose of determining the chal-
lenges to the remaining unopened ballots.
Pursuant thereto, a hearing was held on January 9, 1956, before
Robert S. Fuchs, hearing officer . The Employer and the petitioning
labor organization appeared and participated in the hearing. Full
opportunity to be heard, to examine and, cross -examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
'Leonard Valve Company , 114 NLRB 1349.
115 NLRB No. 170.
LEONARD VALVE COMPANY 1045
On March 8 , 1956, the hearing officer issued and served upon the
parties his report on challenged ballots in which he found that George
Moralee, Frank Leo Brennan , and Henry A. N. Hendriksen worked
as guards within the meaning of the Act, and accordingly recom-
mended that the challenges to their ballots be sustained . The Em-
ployer filed exceptions to the hearing officer 's report, and a supporting
brief.
The Board has reviewed the hearing officer 's rulings made at the
hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed . The Board has considered the hearing
officer 's report, the exceptions thereto and supporting brief, and the-
entire record in this case , and hereby adopts the findings , conclusions,
and recommendations of the hearing officer.
Accordingly , on the basis of the entire record, we find that Moralee,
Brennan, and Hendriksen , in addition to janitorial duties , at the time
of the election, spent part of their working time in making required
watch rounds during the course of which, in addition to guarding
against fire hazards, they checked doors , windows, and equipment,
thereby guarding against other hazards to the Employer 's property,
including theft, burglary, vandalism , and damage . In addition
thereto , as part of their duties, these three employees controlled the
admission of persons , including employees , to the plant at night and
during weekends and refused to allow unauthorized persons to enter
the plant without clearance from company executives.
On the basis of the foregoing, we conclude , in agreement with the
hearing officer , that Moralee, Brennan , and Hendriksen were employed
as guards within the meaning of the Act.' We therefore sustain the
challenges to their ballots.
As a majority of the valid ballots has been cast for District 64, In-
ternational Association of Machinists , AFL-CIO, we shall certify it as
the exclusive bargaining representative of the employees in the unit
heretofore found appropriate.'
[The Board certified District 64, International Association of
Machinists , AFL-CIO, as the designated collective -bargaining repre-
sentative of the employees of the Employer in the unit heretofore
found appropriate.]
MEMBERS MURDOCK and RODGERS took no part in the consideration
of the above Supplemental Decision and Certification of Represent-
atives.
Walterboro Manufacturing Corporation, 106 NLRB 1383 ; American Lawn Mower Co.,
108 NLRB 1589 at 1592-1593.
8 In Leonard Valve Company, 114 NLRB 1349, we found the appropriate unit to consist
of all production , maintenance , and foundry employees at the Employer's plant in Crans.
ton, Rhode Island, excluding all office clerical employees and all guards , professional em-
ployees, and supervisors as defined in the Act.