Read Machinery Co. Inc.

National Labor Relations Board - Board Decisions

Mar 11, 1940

21 N.L.R.B. 450 (N.L.R.B. 1940)

In the Matter of READ MACHINERY Co. INC. and PATTERN MAKERS'
ASSOCIATION OF YORK AND VICINITY, AFFILIATED WITH THE PATTERN
MAKERS ' LEAGUE OF N. A., AND WITH THE A. F. OF L.
Case No. R-1626
SUPPLEMENTAL DECISION
AND
ORDER
March 11, 1940
On December 9, 1939, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Election in the
above-entitled proceedings ., The Direction of Election provided that
an election by secret ballot be conducted within thirty (30) days from
the date of the Direction among all the pattern makers employed by
Read Machinery Co., Inc., herein called the Company, exclusive of
supervisory employees, to determine whether or not they desire to be
represented by Pattern Makers' Association of York and Vicinity,
affiliated with the Pattern Makers' League of N. A., and with the
A. F. of L ., herein called the Union, for the purposes of collective
bargaining.
Pursuant to the Direction , the election by secret ballot was held. on
December' 20, 1939, at York, Pennsylvania , under the direction and
supervision of the Regional Director for the Fourth Region. On
January 22,1940 , the Regional Director , acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, issued and duly served upon the parties an Election Report
containing a tally of the ballots . In his Report the Regional Director
certified that the ballot was fairly and impartially conducted , that the
ballots cast were duly and fairly counted under his supervision, and
'that statements to "such . effect had been filed with him by the tellers.
As to the balloting and its results , the Regional Director reported as
follows :
Total eligible to vote________________________________________ 4
Total Ballots cast___________________________________________ 4
' 18 N L R B 224
21 N. L. R. B., No. 34.
450
.READ MACHINERY COMPANY, INC. 451
Ballots cast for Pattern Makers' Association of York and Vicin-
ity, affiliated with the Pattern Makers' League of N. A., and
with the A. F. of L---------------------------------------- 1
Ballots cast against Pattern Makers' Association of York and
Vicinity; affiliated with the Pattern Makers' League of N. A.,
and with the A. F. of L------------------------------------ 2
Blank ballots---------------------------------------------- 0
Void ballots----------------------------------------------- 0
Challenged ballots------------------------------------------ 1
Number of eligible voters not voting-------------------------- 1
As, appears in his Report concerning the challenged ballots, the
Regional Director sustained a challenge to one ballot on the ground
that the voter offering--it was a foreman, a supervisory employee ex-
cluded from the unit. Another ballot which appears by the statement
filed by the tellers with the Regional Director to•have been challenged
on the ground that the voter offering it was not a regular employee in
the unit, was accepted by the Regional Director, and the challenge was
overruled. -
On January 29, 1940, the Union filed with the. Regional Director,
within the extended time granted by the latter for such purpose, Ob-
jections to the Election Report. The Objections set forth were (1)
that Philip E. Bupp, an eligible voter, had not voted "due to error";
(2) that Paul Murichel had voted, although ineligible because he was a
supervisory employee in the sheet-metal department when he was
transferred to the pattern department, the unit in which the election
was conducted, and because by such transfer he displaced one,
Botterbush, a member of the Union, who had been discharged a week
before. '
The Regional Director investigated the matters contained in the
Objections and, on February 17, 1940, duly served upon the parties his
Report on Objections based upon such investigation. The Regional
Director reports that the contentions and objections of the Union as
to Paul Munchel are without merit ; that Munchel was on the pay roll
of the pattern department on the eligibility date provided in the De-
cision and Direction of Election, and was eligible to vote.
As to the Union's first objection, that Philip E. Bupp had not voted
"due to error," the Regional Director observed that, in view of his
investigation and report on the second objection, even if Bupp's vote
had been cast for the Union, the end result of the balloting would have
remained unaffected. We agree with the conclusions of the Regional
Director.
Upon the entire record in the case, including the Election Report,
the Objections, and the Report on Objections, we find that the Objec-
tions do not raise substantial and material issues with respect to the
conduct of the ballot or the Election Report.
452 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
appropriate unit. The petition of Pattern- Makers' Association of
York and Vicinity, affiliated with the Pattern Makers' League of
N. A., and with the A. ' F. 'of L., for investigation and certification of
representatives of employees of Read Machinery .Co., Inc., will there-
fore be dismissed. - - - .
- ORDER
By virtue of Section •9 (c) of the National Labor Regulations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
ORDERED that the petition for investigation and certification of
representatives of employees of Read Machinery Co., Inc.; filed by
Pattern Makers' Association of York and Vicinity, affiliated with the
Pattern Makers' League of N. A., and with the A. F. of L., be, and it
hereby is, dismissed.