Maxon Construction Co., Inc.

National Labor Relations Board - Board Decisions

Sep 21, 1948

79 N.L.R.B. 867 (N.L.R.B. 1948)

'4 1
In the Matter Of MAXON CONSTRUCTION COMPANY, INC.; MARINE Dlvi-
SION , EMPLOYER and LODGE 1231, INTERNATIONAL ASSOCIATION OF
MACHINISTS, PETITIONER a7Gd INTERNATIONAL BROTHERHOOD OF ELEC-
TRICAL WORKERS , LOCAL 16, AFL, PETITIONER
Case Nos. 35-RC-66 and 35-RC-72.-Decided September 21, 1948
DECISION
AND,
DIRECTION OF ELECTIONS
Upon petitions duly' filed , a consolidated 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 labor organizations named below .claim to represent em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer, within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act,
4. The following groups of employees at the Employer 's Tell City,
Indiana, plant , excluding office and clerical employees , guards, and
supervisors, may constitute separate units appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act : 2
*Chairman Herzog and Members Reynolds and Murdock
' As the petitions herein were filed before the automatic renewal notice date of ' the June
1944 contract between the Employer and the Intervenor, International Brotherhood of
Boilermakers , Iron Ship Builders and Helpers ' of America ; AFL, and prior to the execu-
tion of the May 1, 1948, contract between the sanie parties, fieither contract constitutes'
a bar to a current determination of representatives . Matter of The Firestone Tire
Rubber Company, 76 N. L. R. B. 226.
P The respective groups of employees sought by the Petitioners consist of craft employees
of the type which the Board has frequently established as separate units for the purposes
of collective bargaining in such a manufacturing industry . See, e. g., Matter of Hughes
Tool Company, 77 N L. R B 1193 ( maintenance electricians ) ; Matter of Columbus Bolt
Works Company , 76 N. L. R. B. 305 (machine shop employees)
79 N. L. R. B., No. 107. 867
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) All machinists, machinists' helpers and apprentices em-
ployed in the machine shop ;
(2) All employees performing electrical and electrical mainte-
nance work.
However, we shall make no final unit determination at this time,
but shall be guided in part by .the desires of these employees as
expressed in the elections hereinafter directed. If a majority of the
employees in either voting group, above, vote for the Petitioner par-
ticipating iri that election, they will be taken to have i nditated'theiik' .
desire to constitute a separate appropriate unit.
DIRECTION OF ELECTIONS 3
As part of the investigation to ascertain representatives for the
purposes of collective- bargaining with the Employer, separate elec-
tions 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 supervision of the Regional Director for the Region in
which this case was heard, and subject to Sections 203.61 and 203.62
of National Labor.Relations Board Rules and Regulations-Series 5,
among employees in the voting groups described in paragraph num-
bered 4, above, who were employed during the pay-roll period imme-
diately preceding the date. of this Direction of Elections, 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 reinstated prior to the date of the election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether, for purposes {of collective bargaining:
_(a) the employees in Group 1, above, desire to be represented by Lodge
1,231, International Association of Machinists, or by International
Brotherhood of Boilermakers, Iron Ship Builders and Helpers of
America, AFL, or by neither; and (b) the employees in Group 2,
above, desire to be represented by International Brotherhood of Elec-
trical Workers, Local 16, AFL, or by International Brotherhood of
Boilermakers, Iron Ship Builders and Helpers of America, AFL, or
by neither.
' Any participant in the elections herein may , upon its prompt request to , and approval
thereof by , the Regional Director , have its name removed from the ballot