M. H. Gronauer Co.

National Labor Relations Board - Board Decisions

Jan 26, 1954

107 N.L.R.B. 948 (N.L.R.B. 1954)

948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that Deering was in charge of them during the morning 2 hours,
or at any time of the day. According to Paul Beam ' s credited
testimony , however, he told Deering on one occasion, when
no other employees were present , that he wanted Deering
to "take over the morning shift," and has also told him
that he is in charge when neither of the Beams is there.
He further testified that he told one of the employees on the
morning shift that he was to take orders from Deering . Admit-
tedly, however , he has not authorized Deering to hire or
discharge employees ; not does it appear that Deering recom-
mends hiring or discharge . Deering, however , is supposed to,
and does, report to Superintendent Beam when employees are
late or derelict in the performance of their duties; and in
some cases when he has made such a report , the employee
has been reprimanded or discharged.
From the above facts and the record as a whole , it appears
that Deering has no authority to hire, discharge , or discipline
any employees or to make effective recommendations with re-
spect to such matters . In our opinion his limited authority
temporarily to transfer men during the early morning shift,
and the fact that he makes reports on employees to Super-
intendent Beam do not bring him within the statutory definition
of a supervisor . Nor is the fact that during approximately 2
hours of the day he is the only one present to see that the
work is properly done conclusive of such status , in view of
the fact that there are only 5 employees present during
this time and that the work appears to be routine in nature,
requiring no independent judgment or responsible direction
on his part.4 Like the hearing officer, therefore , we find
that Deering is not a supervisor , and that he is included in
the unit heretofore found appropriate.
4See Warren Petroleum Corporation, 97 NLRB 1458.
M. H. GRONAUER COMPANY AND SOUTHLAND PAPER
COMPANYand UNITED PAPERWORKERS OF AMERICA,
CIO, Petitioner . Case No . 32-RC-698 . January 26, 1954
SUPPLEMENTAL DECISION AND CERTIFICATION OF
REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued
herein on November 9 , 1953 , an election by secret ballot was
conducted on November 19, 1953, under the direction and
supervision of the Regional Director for the Fifteenth Region,
among the employees in the unit found appropriate by the Board.
Following the election , a tally of ballots was furnished the
parties . The tally shows that of approximately 47 eligible
voters, 24 voted for the Petitioner and 23 voted against the
Petitioner . There was also 1 challenged ballot.
107 NLRB No. 197.
S. & L. CO. OF DES MOINES 949
As the challenged ballot could affect the results of the elec-
tion, the Regional Director investigated the validity of this
ballot and, on November 25, 1953, issued and duly served upon
the parties a report on challenged ballots, in which he recom-
mended that the challenge be sustained. Within the proper time
therefor, the Employer filed exceptions to the Regional
Director's report.
Having duly considered the matter, the Board finds as follows:
The challenged ballot is that of Gilbert Jackson. The
Petitioner challenged his vote upon the ground that he is a
supervisor.
Jackson operates a master gluing machine and is also assist-
ant to Superintendent Poe who is in charge of the box and print-
ing plant. In addition to Poe and Jackson, there are 31
employees, all of whom are indisputably nonsupervisory
employees. As operator of the gluing machine, Jackson exer-
cises immediate direction of 2 girls and 1 packer . However,
the direction is in accord with a master schedule prepared by
Manager Faerber and posted on the bulletin board each day.
As assistant to Poe, Jackson acts as superintendent when Poe
is absent . In 1952, Jackson replaced Poe for a 2-month period
while Poe was hospitalized. At the present time, Jackson
regularly acts in place of Poe every other evening from 5 to 8
p. m. Another employee substitutes for Poe during the other
evenings of the week.
Poe and Jackson are the only employees in the department
who are paid a weekly salary. They are also the only employees
who do not punch a time clock.
Upon the foregoing facts, the Board finds, in agreement with
the Regional Director, that Gilbert Jackson is a supervisor and
therefore was not eligible to vote in the election. Accordingly,
the challenge to his ballot is hereby sustained.
As the Petitioner has secured a majority of the valid votes
cast in the election , we shall certify it as bargaining repre-
sentative of the employees in the appropriate unit.
[The Board certified United Paperworkers of America, CIO,
as the designated collective-bargaining representative of the
production and maintenance employees of M. H. Gronauer
Company and Southland Paper Company.]
S. & L. CO. OF DES MOINES and LOCAL NO. 30, RETAIL
CLERKS INTERNATIONAL ASSOCIATION, A. F. OF L.,
Petitioner . Case No. 18-RC-2078 . January 26, 1954
DECISION AND CERTIFICATION OF REPRESENTATIVES
Pursuant to a stipulation for certification upon consent
election, anelectionby secret ballot was conducted on November
5, 1953, under the direction and supervision of the Regional
107 NLRB No. 193.