United States Rubber Co.

National Labor Relations Board - Board Decisions

May 27, 1941

32 N.L.R.B. 121 (N.L.R.B. 1941)

In the Matter Of UNITED STATES RUBBER COMPANY and UNITED RUB-
BER WORKERS OF AMERICA LOCAL #110, AFFILIATED WITH THE C. I. O.
Case No. R-2387
SUPPLEMENTAL DECISION AND DIRECTION
May 27, 19.41
On April 10, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election 1 in
the above-entitled proceeding. Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on April 28, 1941,
under the direction and supervision of the Regional Director for the
Eleventh Region (Indianapolis, Indiana). On April 30, 1941, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties his Election Report.
As to the balloting and its results the Regional Director reported
as follows:
Total Number of Employees Alleged Eligible to Vote_________ 33
Total Number Voted________________________________________ 32
Total Number of Valid Votes Cast____________________________ 31
Total Number of Votes for the UNITED RUBBER WORKERS
OF AMERICA, LOCAL NO. 110, affiliated with the C I O.____ 15
Total Number of Votes for the INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, LOCAL NO 161 and DISTRICT
NO. 90, affiliated with the A. F of I---------------------- 16
Total Number of Votes for NEITHER Organization___________ 0
Total Number of Blank Ballots______________________________ , 0
Total Number of Void Ballots ________________________________ 0
Total Number of Challenged Ballots ___________________________ 1
With respect to the challenged ballot, that of one Albert Ackeret,
challenged 'by United Rubber Workers of America, Local No. 110,
herein called the U. R. W., affiliated with the Congress of Industrial
Organizations, the Regional Director ruled that Ackeret was eligible
to vote in the election and that his vote should be counted.
On May 5, 1941, the U. R. W. filed Objections to Election Report,
in which it objected, inter alia, to the Regional Director's ruling on
1:i0 N L R B 1074
32 N L It B., No 22
121
122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the challenged ballot. On May 12, 1941, the Regional Director is-
sued and duly served upon the parties a Report on Objections in which
he overruled the said Objections and reaffirmed his ruling regarding
Ackeret's eligibility to vote.
The Board has considered the Election Report, the Objections to
Election Report, and the Regional Director's Report on Objections.
As for Ackeret, the U. R. W. challenged his ballot because he was
not working during the pay-roll period by which eligibility to vote
in the election was determined but was then working for International
Association of Machinists, Local No. 161 and District No. 90, affiliated
with the American Federation of Labor. It appears from the Re-
gional Director's Reports, however, that Ackeret was on a temporary
leave of absence granted by United States Rubber Company, herein
called the Company; that his name, together with his Social Security
and clock numbers, appeared on the pay roll for the period in question;
that it is the Company's policy to grant its employees leaves of ab-
sence for various reasons, without prejudice to their rights to group
insurance, vacation allowances, and other privileges extended to
workers actively employed; that for the duration of such leaves of
absence, the Company retains the employees' names on its active pay
roll; and that such employees are eligible to return to work prior to
the expiration of their leave by merely giving the Company notice
of their intention to return. Upon all the facts, we concur in and
hereby sustain the Regional Director's ruling that Ackeret was
eligible to vote in the election.
The Board has considered the other objections of the U. R. W. and
finds that they raise no substantial and material issues with respect
to the conduct of the ballot or the Election Report. The objections
are hereby overruled.
Since the results of the election depend on the counting of Ackeret's
ballot, which is hereby declared valid, we shall direct that it be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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
DIRECTED that, as part of the investigation directed by the National
Labor Relations Board to ascertain representatives for the purposes
of collective bargaining with United States Rubber Company, In-
dianapolis, Indiana, the Regional Director shall, pursuant to said
UNITED STATES RUBBER COMPANY 123
Rules and Regulations and subject to Article III, Section 9, thereof,
open and count the ballot of Albert Ackeret within ten (10) days
from the date of this Direction, and shall thereafter prepare and cause
to be served upon all parties to this proceeding a Supplemental Elec-
tion Report, embodying his findings therein and his recommendations
as to the results of the balloting.
ISAME TITLE
CERTIFICATION OF REPRESENTATIVES
June 20, 1941
On April 10, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election 1
in the above-entitled proceeding. Pursuant to the Direction of
Election, an election by secret ballot was conducted on April 28, 1941,
under the direction and supervision of the Regional Director for
the Eleventh Region (Indianapolis, Indiana). On April 30, 1941,
the Regional Director issued his Election Report, copies of which
were duly served upon the parties. On May 5, 1941, United Rubber
Workers of America, Local No. 110, herein called the U. R. W.,
affiliated with the Congress of Industrial Organizations, filed Objec-
tions to Election Report. On May 12, 1941, the Regional Director
issued and duly served upon the parties a Report on Objections,
in which he overruled the said Objections. On May 27, 1941, the
Board issued and duly served upon the parties a Supplemental
Decisions and Direction, in which it overruled the Objections of the
U. R. W., sustained the ruling made by the Regional Director in his
Election Report that the single challenged ballot cast in the election
should be counted, and directed that the Regional Director open and
count the said ballot.
On June 4, 1940, the Regional Director issued and duly served
upon the parties a Supplemental Election Report, in which he stated
that on June 3, 1941, the challenged ballot was opened and tabulated
in the presence of observers of all the parties and that the results of
the election were accordingly as follows :
Total Number of Employees Alleged Eligible to Vote ---------- 33
Total Number Voted_______________________________________ 32
Total Number of Valid Votes Cast__________________________ 32
Total Number of Votes for the UNITED RUBBER WORKERS OF
AMERICA, LooAL No. 110 , affiliated with the C. I. 0___________ 15
1 30 N L R B 1074
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total Number of Votes for the INTERNATIONAL ASSOCIATION
OF MACHINISTS , LOCAL No 161 and DISTRICT No. 90, affiliated
with the A. F. of L.------------------------------------- 17
Total Number of Votes for NEITHER Organization------------ G
Total Number of Blank Ballots----------------------------- 0
Total Number of Void Ballots-------------------------------- 0
Total Number of Challenged Ballots--------------------------- 0
No objections to the opening and tabulation of the ballot or to
the Supplemental Election Report have been filed by any of the
parties.
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, 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 HEIREBY CERTIFIED that International Association of Machinists.
Local No. 161 and District No. 90, affiliated with the American Fed-
eration of Labor, have been designated and selected by a majority
of all regular employees of United States Rubber Company in the
machinists department of its Indianapolis, Indiana, plant, which
department is commonly known as Department No. 56, including
Timothy Lenahan and Vernon Stidd, but excluding employees in the
maintenance department, and excluding other supervisory, clerical,
and office employees, as their representative for the purposes of collec-
tive bargaining, and that pursuant to Section 9 (a) of the National
Labor Relations Act, International Association of Machinists, Local
No. 161 and District No. 90, affiliated with the American Federation
of Labor, are the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages.
hours of employment, and other conditions of employment.
32 N. L R. B, No. 22a.