Marietta Metal Products Co.

National Labor Relations Board - Board Decisions

Nov 4, 1948

80 N.L.R.B. 141 (N.L.R.B. 1948)

In the Matter Of MARIETTA METAL PRODUCTS COMPANY, EMPLOYER and
WALTER C. BARTMESS, PETITIONER and LOCAL 4040, UNITED STEEL-
WORKERS OF AMERICA, CIO, UNION
Case No. 9-RD-28.-Decided November 4, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
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 Petitioner asserts that the Union is no longer the bargaining
representative of the employees of the Employer as defined in Section
9 (a) of the Act.
3. On August 1, 1947, the Union was designated as bargaining rep-
resentative of the employees in the unit described below. On Sep-
tember 19, 1947, the Employer and the Union executed a contract
which became effective on September 22, 1947, and expired on August
19, 1948. The Employer presently refuses to recognize the Union.:,
We find that a question affecting commerce exists concerning the
representation of certain employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act :
* Chairman Herzog and Members Houston and Murdock.
3 Section 9 (c) (1) (A) (ii) of the Act prescribes alternative requisites to a petition for
decertification . One of those requisites is here present , since the Union has been certified.
Matter of Reliable Tool Co., Inc., 79 N. L. R. B. 1109.
80 N. I. R. B., No. 32.
141
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All production and maintenance employees of the Employer, ex-
cluding office and clerical employees, professional employees, guards,.
watchmen, and supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Ninth Region, and subject to
Sections 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, as amended, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether or
not they desire to be represented, for purposes of collecting bargaining,
by Local 4040, United Steelworkers of America, CIO .2
2 Inasmuch as the Union is not in compliance with Section 9 (f), (g), and (h), we shalt
certify it if it wins the election , provided that at that time it is in compliance . Absent
such compliance , the Board will only certify the arithmetical results of the election.