Certain-Teed Products Corp.

National Labor Relations Board - Board Decisions

Apr 30, 1943

49 N.L.R.B. 360 (N.L.R.B. 1943)

In the Matter of CERTAIN-TEED PRODUCTS CORPORATION and ORDER OF
RAILWAY CONDUCTORS
Case No. R-4795
SUPPLEMENTAL -DECISION'
ORDER
AND
SECOND DIRECTION OF ELECTION
A pril 30,1943
On March 15, 1943, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election, an
election by secret ballot was conducted on March 26, 1943, under the
direction and supervision of the Regional Director for the Sixteenth
:Region (Fort Worth, Texas). On,March 29, 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 an Election Report on the balloting.
No objections to the conduct of the ballot or to the Election Report
were filed by any-of the parties within the period provided by said
Rules, and Regulations.
As to the balloting and its results among the employees involved in
Case No. R-4795, the Regional Director reported as follows:
Approximate number of eligible voters________________________
Total ballots cast___________________________________________
Total ballots challenged --------------------------------------
Total void ballots___________________________________________
Total valid votes counted____________________________________
Votes cast for Order of Railway Conductors___________________
Votes cast for Brotherhood of Railway Trainmen______________
Votes cast for neither_______________________________________
On April 12,1943, the Board certified Order of Railway Conductors:.
as the exclusive representative of all employees of Certain-Teed Prod-
ucts Corporation, Amarillo, Texas, engaged as switching foremen,
switchmen, and student switchmen.
On or about April 13, 1943, Brotherhood of Railroad Trainmen,
herein called the BRT, filed a communication with the Board, in which
it 'requested that the election be declared null and void because the,BRT
1 48 N. L. R. B., No. 10.
49 N. L R. B., No. 44,
360
CERTAIN-TEED PRODUCTS CORPORATION 361-
*as not placed upon the ballot pursuant to the Decision and Direction'
herein, but that "Brotherhood of Railway Trainmen" appeared
,thereon instead. The notice of election and the sample official ballot,
show that "Brotherhood of Railway Trainmen" appeared thereon;
instead of "Brotherhood of Railroad Trainmen" as directed by the
Board. Since employees' may have been misled by this variance, we.
shall vacate and set aside the election of March 26, 1943, and the
certification of April 12, 1943, insofar, as it applies to the instant
proceeding, and shall direct that a new election be held.
We shall direct that a new election by secret ballot be held among
the employees in the unit of switching foremen, switchmen, and
student switchmen, heretofore established by the Board, who were
eligible to vote in the election conducted on March 26, 1943, pursuant
to the Direction of Election issued March 15, 1943, excluding those
who have since quit or been discharged for cause.
ORDER
The National Labor Relations Board hereby orders that the election
of March 26 , 1943, in the unit of switching foremen, - switchmen, and
student switchmen of Certain -Teed Products Corporation , Amarillo,
Texas, and the Certification of Representatives dated April 12, 1943,
insofar , as it relates to said unit , be,-and they are hereby , vacated
and set aside.
SECOND DIRECTION OF 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-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Certain-Teed
Products Corporation, Amarillo, Texas, 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 under the direction and super-_
vision of the Regional Director for the Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among-the switching foremen, switchmen, and student switchmen of
the Company who were eligible to vote in the election conducted on
March 26, 1943, but excluding those who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by Order of Railway Conductors, or by Brotherhood of Railroad
Trainmen, for the purposes of collective bargaining, or by neither.