Quick Industries, Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1946

71 N.L.R.B. 949 (N.L.R.B. 1946)

In the Matter Of QUICK INDUSTRIES , INCORPORATED and INTERNATIONAL
ASSOCIATION OF MACHINISTS , LODGE 1515 , DISTRICT 117
Case No. 7-R-2.77
SECOND SUPPLEMENTAL DECISION
December 6, 1946
Pursuant to the Board's Decision and Direction of Election issued
on July 22, 1946,1 an election by secret ballot was conducted on Au-
b st 15, 1946, under the direction and supervision of the Regional
Director for the Seventh Region (Detroit, Michigan). Upon the
conclusion of the election, a Tally of Ballots was furnished the parties
in accordance with the Rules and Regulations of the Board. The
Tally showed that, of the approximately 21 eligible voters, 20 cast
ballots, of which 7 were for the I. A. M., 8 were for the Steelworkers,
and 5 were challenged.
Inasmuch as the challenged ballots were sufficient in number to
affect the results of the election, the Regional Director duly investi-
gated the issues raised by the challenges and on August 29, 1946,
acting pursuant to the Board's Rules and Regulations, issued and duly
served upon the parties a Report on Challenged Ballots, recommending
that all the challenges be overruled and that the ballots be opened
and counted. The Steelworkers filed Exceptions to so much of the
Regional Director's Report as related to the challenged ballot of
Joseph Czopla.
On September 30, 1946, the Board, having considered the Regional
Director's Report on Challenged Ballots, the Exceptions filed thereto
by the Steelworkers, and the entire record in the case, issued its Sup-
plemental Decision and Direction of Election ,2 directing'the Regional
Director to open and count 4 of the 5 challenged ballots, no determina-
tion being made with respect to the eligibility of Joseph Czopla pend-
ing the opening and counting of the other challenged ballots. The
Supplemental Tally of Ballots showed that, of the 4 ballots opened
and counted, 3 were for the I. A. M. and 1 was for the Steelworkers,
making a revised total of 10 for the I. A. M. and 9 for the Steelworkers.
Inasmuch as the counting of the challenged ballot of Joseph Czopla
may affect the results of the election, we have considered the Regional
1 Matter of Quick Industries , Incorporated , 69 N. L . R. B 760.
2 Supplemental Decision and Direction issued September 30, 1946 ( unpublished)
71 N. L R B, No. 155.
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director's Report with respect to this challenged ballot, the Excep-
tions filed thereto by the Steelworkers, and the entire record in the
case, and find as follows :
In its decision herein, the Board provided that the pay-roll period
immediately preceding its Decision and Direction be used to determine
eligibility to vote in the election. Czopla, an employee in a category
included in the appropriate unit, worked a total of 181/4 hours during
that eligibility period. Thereafter, Czopla went to work for the Han-
dley Brown Heater Company, herein called Handley, in accordance
with an understanding between Handley and the Employer that
Handley would have the services of Czopla, a skilled operator, on
one of the machines purchased by Handley from the Employer, for
a period of 60 to 90 days after which Handley was to decide whether
it would retain Czopla on a permanent basis. It appears from the
Regional Director's report that shortly before August 15, 1946, the
date of the election, Handley had already decided that Czopla would
return to work for the Employer. The Regional Director reports
further that during the time Czopla was on the pay roll of Handley,
he was also on the pay roll of the Employer.
The Steelworkers impliedly contends that, by working for Handley,
Czopla severed his employment status with the Employer. We do not
agree. Rather are we persuaded by all the facts that Czopla was on
leave of absence from the Employer with the understanding that his
employment status might be terminated upon the happening of a
condition subsequent. As noted above this did not occur. Accord-
ingly, we find that Czopla was eligible to vote in the election, and, in
accordance with the recommendation of the Regional Director we
hereby overrule the challenge to his ballot and direct that it be opened
and counted.
DIRECTION
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with Quick Industries, Incorpo-
rated, Jackson, Michigan, the Regional Director for the Seventh Re-
gion shall, pursuant to the Rules and Regulations of the Board, within
ten (10) days from the date of this Direction open and count the
ballot of Joseph Czopla and shall thereafter prepare and cause to be
served` upon the parties in this proceeding a Second Supplemental
Tally of Ballots.