S. & L. Co. of Des Moines

National Labor Relations Board - Board Decisions

Jan 26, 1954

107 N.L.R.B. 949 (N.L.R.B. 1954)

S. & L. CO. OF DES MOINES 949
As the challenged ballot could affect the results of the elec-
tion, the Regional Director investigated the validity of this
ballot and, on November 25, 1953, issued and duly served upon
the parties a report on challenged ballots, in which he recom-
mended that the challenge be sustained . Within the proper time
therefor , the Employer filed exceptions to the Regional
Director ' s report.
Having duly considered the matter , the Board finds as follows:
The challenged ballot is that of Gilbert Jackson. The
Petitioner challenged his vote upon the ground that he is a
supervisor.
Jackson operates a master gluing machine and is also assist-
ant to Superintendent Poe who is in charge of the box and print-
ing plant . In addition to Poe and Jackson, there are 31
employees , all of whom are indisputably nonsupervisory
employees . As operator of the gluing machine, Jackson exer-
cises immediate direction of 2 girls and 1 packer . However,
the direction is in accord with a master schedule prepared by
Manager Faerber and posted on the bulletin board each day.
As assistant to Poe, Jackson acts as superintendent when Poe
is absent . In 1952, Jackson replaced Poe for a 2 - month period
while Poe was hospitalized . At the present time, Jackson
regularly acts in place of Poe every other evening from 5 to 8
p. m. Another employee substitutes for Poe during the other
evenings of the week.
Poe and Jackson are the only employees in the department
who are paid a weekly salary . They are also the only employees
who do not punch a time clock.
Upon the foregoing facts, the Board finds , in agreement with
the Regional Director , that Gilbert Jackson is a supervisor and
therefore was not eligible to vote in the election . Accordingly,
the challenge to his ballot is hereby sustained.
As the Petitioner has secured a majority of the valid votes
cast in the election, we shall certify it as bargaining repre-
sentative of the employees in the appropriate unit.
[The Board certified United Paperworkers of America, CIO,
as the designated collective-bargaining representative of the
production and maintenance employees of M. H. Gronauer
Company and Southland Paper Company.]
S. & L. CO. OF DES MOINES and LOCAL NO. 30, RETAIL
CLERKS INTERNATIONAL ASSOCIATION, A. F. OF L.,
Petitioner . Case No. 18-RC-2078. January 26, 1954
DECISION AND CERTIFICATION OF REPRESENTATIVES
Pursuant to a stipulation for certification upon consent
election , an election by secret ballot was conducted on November
5, 1953 , under the direction and supervision of the Regional
107 NLRB No. 193.
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director for the Eighteenth Region . At the conclusion of the
election , the parties were furnished a tally of ballots which
showed that of approximately 30 eligible voters, 27 cast ballots,
of which 19 were for the Union, 6 were aginst the Union, and
2 were challenged.
Thereafter on November 12, 1953, the Employer filedtimely
objections to conduct affecting the results of the election. In
accordance with the Board ' s Rules and Regulations, the
Regional Director duly investigated the issues raised by the
said objections , and on December 2, 1953, issued and served
upon the parties his report on objections in which he found that
the objections did not raise any substantial or material issues
and recommended that they be overruled in their entirety
and that the Petitioner be certified as the exclusive representa-
tive of the Employer's employees in the unit set forth in the
stipulation for certification upon consent election . On December
11, 1953, the Employer filed timely exceptions to the Regional
Director ' s report.
The Regional Director found, in substance , that an employee
alleged that another employee , Cully, during the first week of
October told her that if the Petitioner won the, election "it
might reach a point where she might be afraid to go out nights--
You know how unions operate ." Cully was also quoted by
another employee as saying " if the union came in [the employee]
would have to join or else ." Cully denied making these state-
ments . The Regional Director found that Cully was not an
official of the Union and that the Union had not authorized or
ratified the alleged statements . He found further that the state-
ments were made prior to the execution of the stipulation for
certification upon consent election and, therefore , in view of
the Board ' s decision in The Great Atlantic and Pacific Tea
Company, 101 NLRB 1118, did not afford a basis for setting
aside the election . He found further that the fact that Cully
served as observer for the Petitioner at the election was not
in itself ground for setting aside the election . Accordingly, he
recommended that the objections be overruled.
The Employer' s exceptions to the Regional Director ' s report
are accompanied by affidavits from two employees , which in
essence contain the same allegations as were consideredby the
Regional Director in his report. We have considered the Em-
ployer's exceptions and affidavits and find that they raise no
material or substantial issues . Accordingly, we overrule the
Employer's objections.
Upon the entire record in this case the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organization involved herein claims to repre-
sent employees of the Employer.
3. A question affecting commerce exists concerning the rep-
resentation of the employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
SOUTHERN CALIFORNIA EDISON COMPANY 951
4. The following employees of the Employer constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
All employees at the Employer's Des Moines, Iowa, store,
including full-time and regular part-time employees, but ex-
cluding seasonal extra employees, part-time student employees
and part-time employees who work less than twenty-one (21)
hours a week, professional employees, confidential employees,
manager trainees , manager, assistant manager, guards, and
supervisors as defined in the Act.'
Because , as the tally of ballots shows, a majority of the
ballots were cast for the Petitioner, we shall certify it as the
exclusive bargaining representative of all the employees in the
appropriate unit.
[The Board certified Local No. 30, Retail Clerks Inter-
national Association, AFL as the designated c o l l e c t i v e -
b a r g a i n i n g representative of the employees of S. & L. Co.
of Des Moines, Des Moines, Iowa, in the unit found appropriate
above.]
'The unit description conforms substantially to the unit description in the stipulation for
certification upon consent election.
SOUTHERN CALIFORNIA EDISON COMPANY and LOCAL 246,
UTILITY WORKERS UNION OF AMERICA, CIO, Petitioner.
Cases Nos . 21-RC-3282 and 21-RC-276. January 27, 1954
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Norman W
Greer, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organization involved claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the rep-
resentation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Employer, a public utility corporation, is engaged in
the generation of electric power at steam plants in Long Beach,
Redondo, and Etiawanda, California. The Petitioner has already
been certified for a bargaining unit which includes the Long
Beach and Redondo plants. Petitioner here seeks to add to this
unit employees at the Employer's recently constructed
107 NLRB No. 184.