The Fairbanks Co.

National Labor Relations Board - Board Decisions

Apr 24, 1943

49 N.L.R.B. 96 (N.L.R.B. 1943)

In the Matter of THE FAIRBANKS COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. 0., and, MOLDERS ce,
FOUNDRY WORKERS UNION, A. F. OF L.
Case No. RE-58
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April ^?4, 1943
On March 18, 1943, the National Labor Relations Board issued its
Decision and Direction of Elections in the above-entitled proceeding.'
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on April 2, 1943, under the direction and supervision of the
Regional Director for the Third Region (Buffalo, New York). On
April 3, 1943, the Regional Director, acting pursuant to Article III, .
Section 10, of National Labor Relations Board Rules and Regulations-,
Series 2, as amended, issued and duly served upon the'parties a Report
on Ordered Elections.
As to the balloting and its results, the Regional Director reported
as follows: . '
111aclo'ne Shop unit:
Appioxiniate number of elig:ble voters------------------------ 193
Total ballots cast------------------------------------------- 174
Total ballots challenged------------------------------------ 0•
Total void ballots------------------------------------------ 0
Total blank ballots----------------------------------------- 1
Total valid votes counted----------------------------------- 173
Votes cast for United Electrical, Radio & Machine Workers of
America,. affiliated with the Congiess of Industrial Organza- °
tions----------------------------------------------------- 91
Votes cast for International Association of Machinists, affili-
ated with the American Federation of Labor---------------- 35
Votes cast for neither--------------------------------------- 47
148 N. L. R. B., No. 37.
49 N. L R. B., No. 16.
96j
THE FAIRBANKS COMPANY
Found? y unit:
97
Approximate number of eligible voters--------------------- 140.
Total ballots cast------------------------------------------- 128
Total ballots challenged------------------------------------- 0
Total void ballots------------------------------------------- - 1
Total blank ballots------------------------------------------ 0
Votes cast for International Molders & Foundry Workers Union
of North America, affiliated with the American Federation of
Labor----------------------------------------------------- 74
Votes cast for United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organiza-
tions----------------------------------------------------- 39
Votes cast for neither--------------------------------------- 14
Shipping and Recei'Di,g vino:
Approximate number of eligible voters------------------------ -16
Total ballots c:ast--------------- --------------------------- 8
Total ballots challenged------------------------------------- 0
Total void ballots------------------------------------------- ` 0
Total valid votes counted---------------- ------ 8
Votes cast for United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organiza-
tions----------------------------------------------------- 5
Votes cast against United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial Or-
ganizations----------------------------------------------- 3
The I. A. M. thereafter filed objections to the Election Report in-
sofar as it related to the election in the machine shop unit. The I. A. M.
objected on the ground that an employee designated by it as a watcher
was not permitted to act as such and that the I. A. M. had only one,
watcher at the polls, which circumstance reacted to the disadvantage of
the I. A. M. It also objected to the refusal of the Board agent to
recheck the ballots.
On April 13, 1943, the Regional Director, acting pursuant to A r.
title III, Section 10, of National Labor Relations Board Rules and
RegulationsT-Series 2, as amended, issued and duly served on the par-
ties a Report on Objections, finding that, assuming the truth of the
matters set forth in the Objections, the objections raise no substantial
and material issues with respect to the conduct of the ballot.
We have considered the objections and the Report on Objections. No
showing has been made that the refusal to, double check the ballots
was prejudicial or that the original check was erroneous. The fact
that the I. A. M. had only one observer raises no issue, since no show-
ing has been made that the election was thereby affected. , We find
that the Li A. M.'s objections raise no substantial or material issues
with respect to the conduct of the election or the Election Report, and
they are accordingly overruled. , I -
0
i
98 DECISIONS OF 'NATIONAL LABOR, RELATIONS BOARD
In the Decision and Direction of Elections referred to above, the
board made no final determination as to the Appropriate unit. The,
Board stated : - -
we shall permit the scope of the bargaining nnit'or units to be
determined in part by the results of separate elections. The, groups
that choose the I. A. Al. or'the Molders as their bargaining rep-
resentatives will constitute separate and distinct appropriate units.
Those groups choosing the U. E., will, together, constitute a single
appropriate unit., ,
Upoii the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all production and maintenance employees in the
machine shop of the Company, including all employees in the shipping
and receiving department, but excluding supervisory, office and clerical
employees (including factory clerks), constitute a unit appropriate,
for the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
We further find that all production and maintenance employees of ,
the Company in the foundry, but excluding supervisory,' office and
clerical employees (including factory clerks), constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations At,
and pursuant to Article III, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Organ-
izations, has been designated and selected by a majority of the produc-
tion and maintenance employees in the machine shop and the employees
in the shipping and receiving department of The Fairbanks Company,
Binghamton, New York, excluding supervisory, office, and clerical em-
ployees (including factory clerks), as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, United Electrical, Radio & Machine Workers of America,'
affiliated with the Congress of Industrial Organizations, is the exclusive.
representative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment and
other conditions of employment; and
11
THE FAIRBANKS COMPANY 99
IT IS HEREBY CERTIFIED that International Molders & Foundry Work-
ers Union of North America, affiliated'with the American Federation of
Labor, has been designated and selected by a majority of the production
and maintenance employees in the foundry of The Fairbanks Company,
Binghamton, New, York, excluding supervisory, office, and 'clerical
employees (including factory clerks)', as their representative f or the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, International Molders & Foundry `Yorkers Union of
North America, affiliated with the American Federation of Labor, is
the exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
MR. JOHN M. HOUSTON took no part iii the consideration of the above
Supplemental Decision and Certification of Representatives.
a
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