Northwest Plastics, Inc.

National Labor Relations Board - Board Decisions

Aug 5, 1957

118 N.L.R.B. 946 (N.L.R.B. 1957)

946 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Northwest Plastics , Inc. and District Lodge 77, International
Association of Machinists , AFL-CIO, Petitioner and United
Packinghouse Workers of America , AFL-CIO. Case No. 18-
RC-3207. August 5,1957
DECISION AND ORDER
Pursuant to a stipulation for certification upon consent election, an
election was conducted on May 1, 1957, under the direction and super-
vision of the Regional Director for the Eighteenth Region, among
certain employees of the Employer. At the close of the election, - a
tally of ballots was furnished each of the parties in accordance with
the Board's Rules ,and Regulations. The tally shows that 45 valid
ballots were cast for the Petitioner, 46 valid ballots were cast for the In-
tervenor, 49 valid ballots were cast against the participating labor
organizations, and 2 ballots were challenged.
The challenged ballots are sufficient in number to determine the
party or parties to a runoff election. On May 29, 1957, the Regional
Director, after investigation, issued his report on challenged ballots,
recommending that 1 challenge be sustained and 1 challenge be over-
ruled. On June 10, 1957, the Petitioner filed exceptions to the
Regional Director's report.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Murdock, Rodgers, and Bean].
The Board has considered the challenges, the Regional Director's
report, the exceptions, and the entire record in the case, and hereby
adopts the findings, conclusions, and recommendations of the Regional
Director, with the following additions: '
1. The Employer is engaged in commerce within the meaning of
Section 2 (6) of the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act: All production and maintenance em-
ployees at its St. Paul, Minnesota, plant, including production in-
spectors and regular part-time employees, but excluding managers,
salesmen, engineers, office clerical employees, chief of quality control
and project coordinator, superintendents, assistant to finishing super-
intendent, foremen, inspector supervisors, head shipping clerk, head
1 In the absence of any exception thereto, we adopt, pro forma, the Regional Director's
recommendation that the challenge to the ballot cast by Virginia Larson be overruled.
118 NLRB No. 122.
OVALWOOD DISH CORPORATION 947
powder receiving clerk, assistant molding foremen, head of fiberglass
department, and professional employees, guards, and supervisors as
defined in the Act.
5. The Regional Director found that Juris Jankievics was hired in
March 1957 as a temporary substitute for a regular janitor absent on
sick leave; that leave for the regular janitor had been extended beyond
the period originally anticipated, and therefore Jankievics was still
working at the time of the election; that by express agreement of the
parties, the name of the janitor on sick leave was retained on the list
of eligibles, and he appeared at the polls to cast his ballot without
challenge; and that the Employer does not anticipate that Jankievics
can be employed in any other work when the regular janitor returns.
On these facts, we find that Jankievics, during the determinative
eligibility period and at the time of the election, did not have uncertain
tenure, and was a temporary substitute for a sick employee with no
reasonable expectation of permanent employment, and therefore was
not an eligible voter in the election?
The Petitioner alleges that the regular janitor suffered a relapse
of his ailment after the election, and that his return to work is now
indefinite. However, this post-election occurrence is immaterial with
regard to Jankievics' eligibility in the election 3 The Petitioner also
alleges that during a discussion held by the parties immediately
following the election relative to the challenged ballots, the Employer's
personnel manager stated that after the regular janitor returned to
work the Employer would keep Jankievics on if they could find a place
for him. In view of the conditional nature of this statement, and
the absence of evidence that such a statement was ever made to
Jankievics himself,' this statement will not support a finding that
Jenkievics had a reasonable expectation of permanent employment.
Accordingly, we sustain the challenge to the ballot of Juris Jankievics.
[The Board ordered that the ballot cast by Virginia Larson be
opened and counted, and a revised tally of ballots be served on the
parties.]
2 See Farmers Rendering Company, 115 NLRB 1014.
See Farmers Rendering Company, supra.
See Farmers Rendering Compann .y, .supra-.
Ovalwood Dish Corporation and United Brotherhood of Carpen-
ters & Joiners of America , AFL-CIO, Petitioner . Case No. 3-
RC-1836. August 5, 1957
DECISION AND ORDER
The Petitioner filed the instant petition on April 1, 1957, requesting
an election in a unit of production and maintenance employees at the
118 NLRB No. 117.