The Flori Pipe Co.

National Labor Relations Board - Board Decisions

Aug 18, 1944

57 N.L.R.B. 1408 (N.L.R.B. 1944)

In the Matter of THE FLoRI PIPE COMPANY and UNITED, BROTHERHOOD;
OF WELDORS, CUTTERS, AND, HELPERS OF AMERIOA, LOCAL No.`I5
Case, No. 14-B-98-7.-Decided August 18; 1944
DECISION
AND
DIRECTION, OF RUN-OFF ELECTION
On June 14, 1944,, pursuant to a Stipulation for Certification, Upon
Consent Election approved by the Regional,Director of the National
Labor Relations Board on June 6, 1944, an. election by secret ballot
was, conducted under the direction, and supervision of the Regional
Director of the Fourteenth Region (St. Louis, Missouri). Im-
mediately thereafter a Tally of Ballots was furnished by the Regional
Director to the., lori Pipe Company, herein called the Company, and
to, representatives„of the participating unions.
The Tally indicated that of the approximately 52'eligible, voters, 37
cast valid votes of which 16 were for. United, Brotherhood of Weldors,
Cutters, and Helpers of America, Local No. 15, herein called the
Weldors,.and 10 were cast for International Association of Machinists,
AFL, District No. 9, herein called the IAM; 11 ballots were cast for
neither union-, and 8 ballots were challenged.
Inasmuch as the number of challenged ballots was sufficient affect
the results of the election, pursuant to Article III, Section 10, of Rules
and Regulations of the National Labor Relations Board, the Regional
Director investigated the issues raised by the 8, challenged ballots, and
on July 25, 1944, issued and duly served upon the parties copies of
-his Report on Challenges. No objections to the Tally of Ballots have
been received nor have the parties' filed any exceptions to the .Report
on Challenges. - '
With respect to the challenged ballots,, the Regional Director, re-
ported-as follows:
Ernest Bryant was challenged by the Weldors on,the ground that
he is a truck driver and hence 'within a category specifically, excluded
by the stipulated unit. The Regional Director's report, however, in-
dicates, that Bryant spends two-thirds of his time doing production',
work within the plant and that only one-third of his time is devoted
to driving a truck.. We therefore agree with the Regional Director's
57 N. L. R. B:, No. 218.
_'1408
THE FLORI PIPE COMPANY 1,409
i•ecolnmendation that Bryant was eligible to participate in the
election"
J. J. Jenkins, L. L. Frank, C. V. Shook, E. Hubbmann; Fred
Schweivel; J. Misch, and 1V. Slover. These seven employees were
challenged by-the Company,'and=the IAM^en the ground bhatathey had
been discharged prior to•the date of the election'and were, therefore,
ineligible to vote. The Weldors contend that these employees were
merely temporarily laid off and hence eligible to participate in the
election.' The Regional Director's investigation discloses that, al-
though there may have been some confusion with respect to the use
of terminology attendant upon their termination of employment, the
individuals being in doubt as to whether they were "fired" or only
temporarily "laid off," nevertheless the action of the Company in
giving each person his accumulated earnings, his release, and a state-
ment of past earnings, is sufficient evidence that the Company was
attempting to effectuate a permanent discharge. We shall, there-
fore, follow the recommendations of the Regional Director in sus-
taining the , challenges,-,and ; hereby,,,; declare- invalid the ballots of
Jenkins, Frank, Shook, Hubbmann, Schweivel, Misch, and Slover.
Inasmuch as the ballot of Bryant cannot affect the results of the
election, we shall not direct that it be opened and counted, but instead
in accordance with the Paragraph 7 of the Stipulation, we shall direct
a run-off election in which the employees will be given an oppor-
tunity to decide whether they desire to be represented by the Weldors,
or by the IAM for the purposes of collective bargaining.
DIRECTION OF RUN-OFF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tioiis•Act, ,and pursuant to,Article,Ill, Section 9, of National Labor,
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Flori Pipe
Company, St. Louis, Missouri, an election by secret ballot shall be
conducted as,early as possible, but not later than thirty (30) days
from the date of this' Direction of Run-off Election, under the direc-
tion and supervision of the Regional Director for the Fourteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees who were eligible, to
vote in the election conducted pursuant "to the Stipulation for Certifi-,
cation Upon Consent Election executed on June 3, 1944, but excluding
those employees who have since quit or been discharged for cause and
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1410 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
have, not been rehired or reinstated prior to the date of the Run-off
Election, to determine whether they desire to be represented by
United Brotherhood of Weldors, Cutters and Helpers of America,
Local No. 15, or by International Association of Machinists, AFL,
District, No. 9,, for the.purposes of collective, bargaining.
CHAIRMAN MILLIS took no part in the consideration of the• above
Decision and Direction of Run-off Election.'