63 N.L.R.B. 922 (N.L.R.B. 1945)

The Rauland Corp.

National Labor Relations Board - Board DecisionsSep 14, 1945

63 N.L.R.B. 922 (N.L.R.B. 1945)

In the Matter of THE RAULAND CORPORATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-1031, A. F. or L. Case No. 13-R-761 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 14, 1945 On June 30, 1945, pursuant to the Decision and Direction of Election issued by the Board herein on June 9, 1945,1 an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Thirteenth Region ( Chicago, Illinois). Upon the conclusion of the election , a Tally of Ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The Tally shows that of the 598 eligible voters , 396 cast valid votes, of which 218 were for the I. B. E. W ., 118 were for the U. E., and 60 were against both participating labor organizations . The 25 chal- lenged ballots were insufficient in number to affect 'the results of the election. On July 5, 1945, the U. E. filed Objections to the Report on the Election . On August 8, 1945, following an investigation , the Regional Director issued and duly served upon the parties his Report on Ob- jections to Report on Election , recommending that the U. E.'s ob- jections be overruled . At the U. E.'s request , the time for filing ex- ceptions to the said report was - extended to August 16, 19454 No further request for additional time in which to file ' exceptions was made by any of the parties . On August 23, 1945, the U. E. filed ex- ceptions to the Regional Director 's report, accompanied by an ex- planation of its failure to file the exceptions within the allotted time. We do not consider the reasons proffered by the U. E. as adequate to excuse the 1 week's delay in the filing of its exceptions . Under these circumstances , we shall not consider the U. E.'s exceptions. We have considered the U. E.'s objections , and the Regional Direct- or's report thereon, and we find, in accord with the recommendations of the Regional Director , that the U . E.'s objections do not raise sub- 162 N. L. R. B. 248. 63 N. L. R. B., No. 145. 922 THE RAULAND CORPORATION 923 stantial and material issues with respect to the conduct or the results of the election. Accordingly, the said objections are hereby overruled. Inasmuch as the Tally shows that a majority of all valid votes counted have been cast for the I. B. E. W., we shall certify it as the collective bargaining representative of the employees in the ap- propriate unit. 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 Rela- tions Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 3, as amended, IT IS HEREBY CERTIFIED that International Brotherhood of Electrical Workers, Local B-1031, A. F. of L., has been designated and selected by a majority of all production and maintenance employees at Plants Nos. I, II, III, and IV, of The Rauland Corporation, Chicago, Illinois, including foremen D and E, cafeteria employees, departmental clerks, inspector technicians A and B, precision inspector A, routine produc- tion tester, analyzer B, general maintenance man, and shipping clerk A, but excluding employees engaged in the accounting, file, pay-roll, purchasing, sales, personnel, employees' service, contract termination, production control, material control, expediting electronics, produc- tion engineering, and engineering departments; timekeepers, guards, truck drivers, works manager, superintendent, general foremen, chief inspector, assistant chief inspector, inspection engineer, maintenance engineer, chief shipping clerk, stock department manager, cafeteria manager, chief guard, foremen (Treasury) A, B, and C, and all.other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act the said organization is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employ- ment. CIIAIRMAN HERZOG took no part in the consideration of the above Supplemental Decision and Certification of Representatives.