Red Wing Potteries, Inc.

National Labor Relations Board - Board Decisions

Mar 17, 1950

88 N.L.R.B. 1234 (N.L.R.B. 1950)

In the Matter of RED WING POTTERIES, INC., EMPLOYER and UNITED
GAS, CODE & CHEMICAL WORKERS OF AMERICA, CIO, AND ITS LOCAL
430, PETITIONER
Case No. 18-RC-482
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 17, 1950
Pursuant to a Decision and Direction of Election 1 issued herein
on December 16, 1949, an election by secret ballot was conducted on
January 11, 1950, under the direction and supervision of the Regional
Director for the Eighteenth Region.
Upon the conclusion of the election, a Tally of Ballots was fur-
nished the parties in accordance with the Rules and Regulations of
the Board. The tally shows that 208 valid votes were cast for the
Petitioner, 2.01 were cast for National Brotherhood of Operative
Potters, Local 150, A. F. of L., herein called the Intervenor, 3 were
cast against both participating labor organizations, and 8 ballots were
challenged.
On January 17, 1950, the Intervenor filed objections to the conduct
of the election and to conduct affecting the results of the election.
Thereafter, the Regional Director investigated the issues raised by
the objections and challenges. On January 27, 1950, he issued and
served upon the parties a Report on Objections and Challenged Bal-
lots, in which he recommended that the Board overrule the Inter-
venor's objections and the challenges to three of the ballots, but that
it sustain the challenges to the remaining five ballots. Within the
time provided therefor, the Intervenor filed Exceptions to the Re-
port on Objections and Challenged Ballots.
The Intervenor's objections
The Intervenor alleges that, because of inclement weather and
hazardous road conditions existing on January 11, 1950, in the vicinity
187 NLRB 1095.
88 NLRB No. 247.
1234
RED WING POTTERIES, INC. 1235
f Red Wing, Minnesota, the site of the balloting, between 40 and 45
igible voters who lived in rural areas were unable to reach the polling
'ace. The Tally of Ballots shows, however, that almost 91 percent
the eligible voters cast ballots, despite the fact, also alleged by the
^ervenor, that a substantial percentage of the employees lived in
al areas. We find, in agreement with the Regional Director, that
91 percent vote was representative and fairly reflected the desires
ie employees.
Ee Intervenor contends, further, that the voters were unduly in-
ced by handbills containing inflammatory and untruthful state-
Ls about the Intervenor which were distributed by the Petitioner
e the election. The handbills, copies of which are attached to the
anal Director's Report, contained the usual propaganda exaggera-
but they were the subject of reply and not coercive. The Board
stated many times that such material does not furnish a basis for
ing aside an election."-
Ye find, in accordance with the recommendation of the Regional
ector, that the Intervenor's objections do not raise substantial and
.erial issues with respect to the election. They are hereby over-
ed.
The ballots of Esther Higbee and Julia J. McMorran
Esther Higbee had been a supervisor in the Employer's finishing
department, but was reduced to a finisher as of December 27, 1949.
Eligibility to vote in the election was determined by the payroll for
the period ending December 3, 1949. The Intervenor contends that
Esther Higbee should have been permitted to vote, because she was
employed in the unit on the day of the election, January 11, 1950.
She was not so employed on the eligibility date, however. We find
that she was ineligible to vote.3
Julia J. McMorran worked for the Employer until October 19479
when she left because of illness. She has not worked for the Employer
since that date. We find that she was not an employee of the Em-
ployer on the eligibility date or on the date of the election and was
therefore ineligible to vote.
In accordance with the recommendations of the Regional. Director,
we hereby sustain the challenges to the ballots of Esther Higbee and
Julia J. McMorran.
z General Plywood Corporation , 83 NLRB 197; Champion Spark Plug Company, 80
NLRB 47.
3 The Goldenberg Company, 77 NLRB 335; J. B. Cook Auto Machine Company, Inc., 73
NLRB 249.
882191-51-79
1236 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
The ballots of Donnley Anderson , John Hokanstron , LaVerne G.
Johnson, Harry Claflin, Paul McRae, and William Stewart
The Regional Director recommends that the challenges to the ballots
cf Anderson , Hokanstrom , and Johnson be sustained and that the
challenges to the ballots of Claflin, McRae, and Stewart be overruled.
No exceptions to these recommendations have been filed by any of the
parties . We therefore adopt them. As the ballots cast by Claflin,
McRae, and Stewart cannot affect the results of the election , we shall
not direct that they be opened and counted.
The Petitioner has obtained a majority of the valid votes cast. We
shall therefore certify it as the exclusive bargaining representative
of all employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that United Gas, Coke & Chemical Workers
of America, CIO, and its Local 430, has been selected by a majority
of the production and maintenance employees employed by Red Wing
Potteries, Inc., at its Red Wing, Minnesota, plant, including retail
store salesladies, boiler room employees, warehouse employees, and
leadmen, but excluding professional employees, the methods and
standards engineer, the chief engineer, the plant engineer, the time-
study engineer, office and clerical employees, outside salesmen, con-
fidential employees, and supervisors; as defined in the Act, as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the Act, as amended',
the said organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.
MEMBERS MURDOCK and STYLES took no part in the consideration
of the above Supplemental Decision and Certification of Representa-
tives.