Master Tank & Welding Co.

National Labor Relations Board - Board Decisions

Apr 15, 1959

123 N.L.R.B. 762 (N.L.R.B. 1959)

762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and 2,° and the Rosemary Plant, in Roanoke Rapids, North Carolina,
including all plant clerical employees, and all employees shown on
Appendix A, but excluding all employees shown on Appendix B,
office clerical employees, professional employees, watchmen, guards,
and all supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
7 As the record contains insufficient evidence from which we can make a determination
as to the unit placement of the designer and planner ( Roanoke Plant No. 2), we shall
permit this individual to vote, subject to challenge.
APPENDIX A
Second hands Production clerks
Timekeepers Waste clerks
Shipping clerks Overhaulers
Maintenance and electrical supervision (Roanoke Plant No. 2)
Preventive maintenance men (Rosemary Plant)
APPENDIX B
Second hand yard man (Roanoke Plant No. 2)
Planning clerk (Patterson Plant)
General clerk (Roanoke Plant No. 1)
Guards
Yarn development man (Rosemary Plant)
Jacquard designing department (Rosemary Plant)
Draftsmen (Rosemary Plant)
Supervisors of supply and supply clerks (Roanoke Plant No. 2)
Data processing clerks (Rosemary Plant)
Master Tank & Welding Company and Gerald Burkey, Petitioner
and Local 363, International Brotherhood of Boilermakers,
Iron Shipbuilders , Blacksmiths, Forgers and Helpers, AFL-
CIO. Case No. 14-RD-128. April 15, 1959
SUPPLEMENTAL DECISION AND CERTIFICATION
Pursuant to a Decision and Direction of Election 1 issued on
December 30, 1958, an election by secret ballot was conducted on
January 13, 1959, in the appropriate Unit.2 At the conclusion of the
election, the parties were furnished a tally of ballots which showed
i Unpublished.
2 The Union , on January 7, 1959, by a telegram to the Board, protested the holding of
the election on the grounds set forth in its objection to election , hereinafter stated. This
protest was rejected.
123 NLRB No. 94.
MASTER. TANK & WELDING COMPANY. 763
that of approximately 18 eligible voters, 17 cast ballots against the
Union, and no votes were cast for the Union. There were no chal-
lenged ballots.
On January 22, 1959, the Union filed timely objections to the
election, alleging that, as the petition named "Tom Conway" as the
bargaining representative sought to be decertified, the Board's Deci-
sion and Direction of Election was invalid, and that the confusion
caused in the minds of the employees as to the objectives of this
election warranted setting aside the results of the election and a dis-
missal of the petition. On January 28, 1959, the Regional Director
issued and served on the parties a report on objections to election, in
which he found no merit in the objections and recommended that the
Board overrule the objections and issue a certification of the results
of election.
On February 9, 1959, the Union filed timely exceptions to the
Regional Director's report on objections, in which it contends, in effect,
that as the petition named "Tom Conway" as the representative and
sought to remove him rather than the Union, which was alone the
bargaining representative, the Board did not have jurisdiction to
process the decertification petition and the election was therefore in-
valid.' We find no merit in the Union's exceptions.
The record shows that, although in paragraph numbered 8 entitled
"Recognized or Certified Bargaining Agent," the petition states only
the name of Tom Conway, in the next space entitled "Affiliation" it
contains the name "Local 363 Boilermakers," and thereafter sets forth
the address of the Union and the date on which Local 363 was certi-
fied. Elsewhere, the Petitioner states, in effect, that the purpose of
the petition is "decertification" and that "the certified or currently
recognized bargaining representative" is no longer the representative
of the employees.
Under all the circumstances, we construe the petition as seeking
decertification of the Union. Accordingly, we find no merit in the
Union's exceptions,4 and we shall certify the results of the election.
[The Board certified that a majority of the valid ballots, was not
cast for Local 363, International Brotherhood of Boilermakers, Iron
Shipbuilders, Blacksmiths, Forgers and Helpers, AFL-CIO, and
that the said organization is not the exclusive representative of the
Employer's employees in the unit found appropriate.]
MEMBERS RODGERS and JENKINS took no part in the consideration of
the above Supplemental Decision and Certification.
3 In its exceptions, the Union did not renew its contention that there was any con-
fusion in the minds of the employees as to the purpose of the election, and does not take
issue with the Regional Director's finding that any such confusion was precluded by the
fact that the Union's name alone appeared on the ballot in the election herein.
A C'f. Medway Shoe Manufacturing Corporation, 10'7 NLRB 31, footnote 1.