The Edward Valve & Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1327 (N.L.R.B. 1942)

In the Matter of THE EDWARD VALVE & MANUFACTURING COMPANY,
INC., and LOCAL UNION No. 2498, STEEL WORKERS ORGANIZING'
COMMITTEE , C. I. O.
Case No. R-3268
THIRD SUPPLEMENTAL DECISION
AND
DIRECTION.
illay 12, 1942
On January 20, 1942, the National ,Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in'
the above-entitled proceeding., On February 25,' 1942, the Board
issued its Supplemental Decision and Second Direction of ;Election,'
and on March 9, 1942, its Second Supplemental Decision, and Amend-
ment to Second Direction of Election.7; - -
Pursuant to the Second Direction of, -Election,, as amended, an
election by secret ballot Was conductecd•on"March„ 11, 1942, under the
direction and supervision of,the,Regional,Director for,the Thirteenth,"
Region (Chicago, Illinois) . On ApriL11, 1942,,the Acting Regional..
Director' acting pursuant to Article III, Section 9, of National,Labo>
Relations Board-Rules and Regulations-Series 2, as amended, issued;".
and duly served upon the ,parties -a Report on Run ;off Election.,
As to the, balloting and its results-the Actinb, Regional,Director
reporte as f lld o ows
Total on elig^bihty list---'------------ ----- - - ---- _______-- 185
Total- ballots cast --_--_- ;, 18.4 v
Total ballots challenged- _ '----- -- ----------- - - -- ,
r •
Total blank ballots -----------_-__---------^ - ___=------ - 1- -,1 "g_,E..;, .^.^ , , ,
Total void ballots---------------------------------------- 0
Total valid votes counted--------------- - -__-_ 178
Votes cast for-Local Union No 2498, Steel,Workers-O'r`gani ,
ing Committee, C. I. O-_•_{---------- -------------------- 91
Votes cast against Local Union No. 2498, Stee1:.Workers
Organizing Committee, C 1 0--------------------------- 87
i 38 N . ' L R B 428
2 39 N. L. R. 13 216 , By this Supplemental Decision and Second Direction of 'Election,
the Board directed a iun -off,election between Local Union No: 2498 , Steel= Workers Organizing
Committee , C 1..0, herein called the S W..O C, and United,Metal^ Workers , Local #1220,"
Christian , Labor Association , herein called the C L A ';
$,39 N L e R B. 218 By this Second Supplemental Decision and Amendment to Second
Direction of Election, the-Board granted a motion of the C L. A. to.have its name withdrawn
from the ballot and directed an election to determine whetherc or„not the employees desire"
to be represented by the S , W 0 C - ,
40 N L R B , No 236
0 1327
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Acting Regional Director sustained two and overruled three
of the five challenges, but 'recommended that the three valid ballots
be not 'counted since they could riot affect the results of the election.
Thereafter, the Company filed objections to such-'Portions of the
Report on Run-off Election as related to the two employees whom
the Acting Regional Director had found ineligible to vote. No
objections were filed by the S. W. O. C. On April 22, 1942, the
Acting Regional Director issued a Report on Objections to Run-off
Election Report, in which he,affirmed his previous rulings.
The challenges in dispute concerned Kenneth Zanzig and Roland
Clarke. Zanzig was, during the pay-roll period used to determine
eligibility to vote in the first election, a laborer in the stores depart-
ment, and as such was eligible to vote.4 Subsequently, but prior
to the run-off election of March -11, 1942, he was transferred to the
laboratory pay roll and was given additional duties to perform
in connection with testing materials. Laboratory employees were
specifically excluded from the bargaining unit found appropriate in
the Board's Decision' and Direction of Election. The Company con-
tends that eligibility to vote in the run-off election should be gov-
erned by the pay roll used for the first election, and that in any event
Zanzig is not a laboratory employee in the sense intended by the
Board in its Decision. It appears from the record, however, that the
understanding. at the time of 't1'' hearing was that all laboratory
employees were' to be excluded from the unit, regardless of their
duties. We find that, at the time of the run-off election, Zanzig was
not within the appropriate unit and that his ballot is invalid.5
Clarke appears on the Company's pay roll under the general head-
ing "clerical," but at the hearing he was identified by Marion Wright,
the president of the S. W. O. C., as one of the Company's five time-
keepers.6 Timekeepers are included in the appropriate unit; all other
clerical and-office ,workers are excluded. Clarke voted without chal-
lenge at the first election, but was cl- allenged''at^the®run-off election as
being an office worker. Although Clarke's duties are in some respects
different from those of the other timekeepers, in that he compiles
the information from the job tickets which they keep and prepares
production-control cards and a machine-load chart, it does not
4 Although Zanzig 's name was inadvertently omitted from the pay-roll list of January 17,
1942, used to determine eligibility , there is no dispute about his status as of the date
of the first election.
5 Cf. Matter of Phelps Dodge Corporation, Copper Queen Branch, Smelter Division and
International Brotherhood of Electrical Workers, Local No. B-434, et al., 36 N. L R. B.
657, in which an employee who was temporarily employed in a position within the
prescribed unit on the pay-roll date used to determine eligibility to vote, but who
was transferred back to his regular position outside the unit prior to the date of the
election , was held ineligible to vote.
0 There is no separate classification on -the pay roll for timekeepers
THE EDWARD VALVE &,MANUFACTURING COMPANY, INC. 1329
appear that his duties have changed since the time of the hearing.
We find that Clarke was eligible to vote in the run-off election and
that his ballot is valid.
As stated above, no objections have been filed to the rulings of the
Acting Regional Director on the three challenged ballots which he
found valid. These ballots were cast by James Alexander, Herman
Jackson, and Ernest Jantzen, all of whom were challenged as being
supervisory employees. In the first election they were similarly chal-
lenged, but the challenges were withdrawn and their votes were
counted. Alexander is a truck operator, Jackson is a general main-
tenance man, and Jantzen is a die sinker in the toolroom. For the
reasons- indicated by the Acting Regional Director in his Report on
Run-off Election, and upon the basis of the whole record, we find
that Alexander, Jackson, and Jantzen were eligible to vote in the
run-off election, and their ballots are hereby declared valid.
Since the counting of the four challenged ballots herein found-
valid may affect the results of the run-off election, we shall direct
that the Regional Director open and count said ballots and issue a
Supplemental Report on Run-off Election.
DIRECTION
By -virtue;=of and pur. want to the ' power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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
DLREcTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Edward Valve & Manufacturing Company, Inc., East
Chicago, Indiana, the Regional Director for the Thirteenth Region
shall, pursuant to said Rules and Regulations, and subject to Article
III; Section,9, thereof,, within ten (10) days from the date of this
Direction, open and count the ballots of Roland Clarke, James Alex-
ander, Herman Jackson, and Ernest Jantzen, herein declared valid,
and shall thereafter prepare and cause to be served upon the parties
to this proceeding a Supplemental Report on Run-off Election, em-
bodying therein his findings and recommendations as to the results
of the ballot.
455771-42-vol 40--84