Remington-Rand, Inc.

National Labor Relations Board - Board Decisions

Jun 8, 1942

41 N.L.R.B. 789 (N.L.R.B. 1942)

In the Matter of REMINGTON-RAND, INC. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, LOCAL 826
Case No. R-3703
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 8, 1942
On April 30, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings'
On May 9,1942, the Board issued an Amendment to Direction of Elec-
tion? Pursuant to the Direction of Election, as amended, an election
by secret ballot was conducted on May 20, 1942, under the direction and
supervision of Regional Director for the Third Region (Buffalo, New
York). On May 21, 1942, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties an Election Report on the ballot. No objections to the conduct
of the ballot or the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list____________________________________ 4189
Total ballots cast_________________________________________ 3469
Total ballots challenged__________________________,_________ 123
Total blank ballots________________________________________ 17
Total void ballots_________________________________________ 8
Total valid votes counted___________________________________
Votes cast for Local 826, International Association of Ma-
3321
chinists, affiliated with the American Federation of Labor__ 2519
Votes cast against Local 826, International Association of Ma-
chinists, affiliated with the American Federation of Labor__ 802
As appears from the foregoing tabulation, the results of the election
cannot be affected by the challenged ballots and it is, therefore, unnec-
140 N. L. R B. 1100.
2 40 N L R B. 1105.
41 N. L. R. B., No. 150
789
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
essary to rule on the challenges. The Regional Director has neverthe-
less, informed the Board that a majority of the 123 challenged ballots
were cast by set-up men, the Company claiming that employees in that
category are supervisory and, as such, were excluded from the unit
found appropriate by the Board. To avoid future controversy concern-
ing the status of this relatively large group of employees the Board,
upon' full consideration, finds that set-up men employed by the Com-
pany are not supervisory employees, but are part of the Company's.
production and maintenance force, and are included in the unit herein-
before found appropriate.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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 CERTIFIED that Local 826, International Association of
Machinists, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all production and mainte-
nance employees at the Elmira Plant of Remington-Rand, Inc., includ-
ing janitors and stockroom helpers, stock chasers, steel workers, weight
clerks, layout men, and posting" and dating-out clerks, all in Depart-'
ment 70, but excluding time-study men, watchmen, and office, clerical,
and supervisory employees, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
Local 826, International Association of Machinists, affiliated with, the
American Federation of Labor, is the exclusive representative of all
such employees for the purpose of collective bargaining in respect to,
rates of pay, wages, hours of employment, and other conditions of
employment.