The Broderick Co.

National Labor Relations Board - Board Decisions

May 28, 1952

99 N.L.R.B. 385 (N.L.R.B. 1952)

THE BRODERICK COMPANY 385
CHAIRMAN HERZOG and MEMBER PETERSON took no part in the con-
sideration of the above Supplemental Decision and Amended Direc-
tion of Elections.
THE BRODERICK COMPANY ( HEADER-PRESS DIVISION) and UNITED
STEELWORKERS OF AMERICA, CIO, PETITIONER. Case No. 35-RC-
495. May 28, 1952
Supplemental Decision and Direction
On January 23, 1952, pursuant to a Decision and Direction of Elec-
tion of the Board,' an election by secret ballot was conducted in the
above-entitled proceeding under the direction and supervision of the
Regional Director for the Ninth Region. At the close of the election,
a tally of ballots was furnished the parties, which shows that of the
24 votes cast, 12 were for the Intervenor,2 7 for the Petitioner, and 5
were challenged. As the challenges were sufficient in number to affect
the outcome of the election, the Regional Director conducted an investi-
gation and on April 11, 1952, issued and served upon the parties his
report on challenged ballots. The Employer and the Petitioner filed
timely exceptions to this report.
In his report the Regional Director recommended that the Board
overrule the challenges to the ballots of Robert L. Smith, Horace H.
McKissack, Gareth Pierson, and George T. Wilson. As no exceptions
have been filed to this recommendation, it will be adopted, and we will
direct that these four ballots be opened and counted.
The Regional Director recommended further that the exception to
the ballot of William O. Simpson be sustained. Both the Petitioner
and the Employer except to this recommendation. We find merit
in these exceptions.
In its Decision and Direction of Election herein, the Board found
appropriate a unit consisting of all employees of the Employer work-
ing on dies or parts of dies, excluding office and clerical employees,
professional employees, guards, and supervisors. The Regional
Director found that from May 1951 through January 1952, Simpson
spent more than 20 percent of his time working on dies or parts of
dies, and the balance of his time was spent in performing other work
for the Employer.
In finding that Simpson was not eligible to vote, the Regional
Director relied on the fact that Simpson's job classification (machin-
ist II) had not been included in the unit found appropriate by the
Board in its Decision and Direction of Election. However, in that
197 NLRB 926.
2 Muncie Die Sinkers ' Lodge No. 170 of the International Die Sinkers' Conference.
99 NLRB No. 60.
386 DECISIONS OF, -,NATIONAL LABOR' RELATIONS BOARD,
Decision, while reciting the various job classifications of the employees
who were working.on dies orparts of dies,,,the Board made its ultimate
unit finding, not in terms of job classifications, but in functional
terms-i. e., all employees working-mr-dies or parts of dies.
Accordingly, we 3 ,do not deem Simpson's job classification decisive
of the question of his eligibility to vote, nor do we deem controlling
the circumstance cited by the Regional' Director that Simpson failed
to spend half of his worktime on dies or parts of dies.' As the Board"
stated in the Ocala Star Banner -case,4 employees who regularly per-
form more than one function for the same employer, will be deemed
eligible to vote in a particular unit if they regularly devote sufficient
time to the work of that unit to demonstrate that they have a sub-
stantial interest in the terms ' and conditions of employment in that
unit. As Simpson regularly spends more than 20 percent of his time
on dies or parts of dies, we find, under the rule of the Ocala case, that
he is eligible to vote, and we will 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
purposes of collective bargaining with the Employer, the Regional
Director for the Ninth Region shall, pursuant to National Labor Re-
lations Board Rules and Regulations, within ten (10) days from the
date of this' Direction, open and count the ballots of Robert L. Smith,
Horace H. McKissack, Gareth Pierson, George T. Wilson, and Wil-
liam O. Simpson, "and thereafter prepare, and cause to be served upon
the parties, a revised tally of ballots, including therein the count'of
said ballots,
8 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -member panel [ Chairman Herzog and
Members Styles and PetersonL -
497 NLRB 384.
PETER PAUL, INC. and PETER PAUL EMPLOYEES ASSOCIATION,
PETITIONER. Case No. 2O-RC-1687. May 28, 1952,
Supplemental Decision and Certification of Representatives
On March 17, 1952, pursuant to a Decision and Direction of Elec-
tion 1 issued herein, an election by secret ballot was conducted under
the direction and supervision of the Regional Director for the Twen-
tieth Region (San Francisco, California), among employees in the
unit found appropriate by the Board. Following the election, a tally
of ballots was furnished the parties. The tally shows that 80 ballots
I Unpublished.
99 NLRB No. 64.