Winston Steel Works, Inc.

National Labor Relations Board - Board Decisions

Jan 14, 1957

117 N.L.R.B. 58 (N.L.R.B. 1957)

58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Winston Steel Works , Inc. and Operating Engineers Local Union
No. 3, International Union of Operating Engineers , AFL-CIO,
Petitioner. Case No. 00-RC-3102. January 14,1957
SUPPLEMENTAL DECISION AND CERTIFICATION OF
RESULTS OF ELECTION
On September 19, 1956, pursuant to a Decision and Direction of
Election issued by the Board herein on September 7, 1956,1 the Re-
gional Director for the Twentieth Region conducted an election by
secret ballot among the employees in the unit found appropriate in
the Decision. After the close of the election the Regional Director
issued a tally of ballots to the parties. The tally shows that of ap-
proximately 4 eligible voters, 3 cast ballots, of which 1 was for, and 1
was against the Petitioner, and 1 was challenged. No objections to
the conduct of the election were filed by any of the parties.
As the challenged ballot was decisive of the election, the Regional
Director investigated it and thereafter issued a report in which he
recommended that the challenge be overruled and the vote counted.
Within the time provided therefor, the Employer filed exceptions to
the Regional Director's report.
The Board has considered the Regional Director's report, the Em-
ployer's exceptions, and the entire record in the case, and finds as
follows :
The challenged ballot is that of Conrad E. Kempf. The Employer
challenged his right to vote on the ground that his name was not on
the eligibility list and that he is not included in the unit found
appropriate.
The Board found appropriate a unit consisting of "all drafting de-
partment employees ... excluding office clerks, professional employ-
ees, management and sales employees. . . ." Ina footnote, the Board's
Decision stated : "The Employer does not contest the appropriateness
of the above unit, but leaves the determination of its appropriateness
to the Board. The drafting department employees appear to be the
only technical employees in the Employer's employ. As a technical
unit, we find it appropriate."
Kempf is classified as an estimator. At the formal hearing no
mention was made of his job classification. Upon the basis of his
investigation, the Regional Director was of the opinion that Kempf
was a technical employee and therefore should be included in the unit.
The drafting department is a separate department supervised by
a chief draftsman. Kempf is in the sales and not in the drafting
department. According to the Regional Director, Kempf's principal
i Not reported in printed volumes of Board Decisions and Orders.
117 NLRB No. 15.
SAN DIEGO GLASS & PAINT COMPANY 59
work consists of preparing cost and price estimates for customers. He
receives the basic data for making his estimates either from customers
or from a field salesman and exercises a certain degree of judgment
and discretion in his calculations. The estimates prepared by Kempf
are checked by the sales manager or general manager and transmitted
to the customer by either the salesman or the sales manager. In some
instances, Kempf also prepares drawings. The Regional Director
does not discuss the skill required to make these drawings. In its ex-
ceptions, the Employer states flatly that Kempf is not a draftsman and
that the drawings he occasionally makes are rough sketches intended
for his own use in making estimates.
We do not agree that, on the basis of the Regional Director's report,
Kempf should be classified as a technical employee. Kempf is part
of the sales and not the drafting department. There is no evidence
that he has the training or experience of a technical employee. It is
significant that at the formal hearing the Petitioner made no conten-
tion that Kempf should be in the unit. Accordingly, we find, contrary
to the Regional Director, that Kempf is not included in the unit and
sustain the challenge to his ballot. As the Petitioner has not secured
a majority of the valid votes cast in the election, we shall certify the
results thereof.
CThe Board certified that a majority of the valid votes was not cast
for Operating Engineers Local Union No. 3, International Union of
Operating Engineers, AFL-CIO, .and that the said labor organization
is not the exclusive representative of the employes in the unit hereto-
fore found appropriate.]
MEMBER MulDocK took no part in the consideration of the above
Supplemental Decision and Certification of Results of Election.
San Diego Glass & Paint Company and Retail Clerks Interna-
tional Association , Local Union #1222A, AFL-CIO, Petitioner.
Case No. 21-RC-4461p. January 15,1957
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
Pursuant to a stipulation for certification upon consent election
executed July 9, 1956, an election by secret ballot was conducted on
July 19, 1956, under the direction and supervision of the Regional
Director for the Twenty-first Region among certain employees of
the Employer. Upon the conclusion of the election, a tally of bal-
lots was furnished the parties in accordance with the Board's Rules
and Regulations. The tally shows that of approximately 16 eligible
117 NLRB No. 14.