Gatke Corp.

National Labor Relations Board - Board Decisions

Jun 11, 1942

41 N.L.R.B. 915 (N.L.R.B. 1942)

In- the Matter of GATKE CORPORATION and INTERNATIONAL UNION
UNITED AuroMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE
A.F.OFL.
Case No. R-3486
SUPPLEMENTAL DECISION
AND `
CERTIFICATION OF REPRESENTATIVES
June 11, 19/o
On February 25, 1942, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled-proceed-
ing.l Pursuant to the Direction of Election, an election by secret
ballot was conducted on March 19, 1942, under the direction and
supervision of the Regional Director for the Eleventh Region (In-
dianapolis, Indiana). On April 17, 1942, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an
'Election Report, copies of which were duly served upon the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list-------------------------------------- •132
Total ballots cast------------------------------------------- 135
Total ballots challenged------------------------------------- 19
Total blank ballots----------------------------------------- 2
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 114
Votes cast for International Union United Automobile Workers
of America (A. F. L.) ------------------------------------- 61
Votes cast against International Union United Automobile
Workers of America (A. F. L.) ---------------------------- 53
.
On April 24, 1942, Gatke Corporation, herein called the Company,
filed Objections to the conduct of the ballot and to the Election Report,
and requested a hearing on its Objections. On May 23, 1942, the
Regional Director issued an Amended Election Report, copies of which
were duly served on the parties. By letter dated May 27, 1942, counsel
for the Company renewed the request for a hearing. The request is
hereby denied.
'39N L R B 197.
41 N. L. R. B., No. 163.
915
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the election Report and the Amended Election Report, the Re-
gional Director recommended that the challenges be overruled as to 5
persons : Lacy Carpenter, Wayne Zolman, Ted Blue, Fred Osbun, and
William Braddock, but recommended that the remaining 14 challenges
be sustained.
Of the five challenges overruled by the Regional Director, the Com-
pany disputed the ruling as to Lacy Carpenter. The Regional Di-
rector found that, although his name did not appear on the eligibility
list, Lacy Carpenter had been temporarily laid off, was in that status
on February 15, 1942,, the date directed by the Board to be used to
determine voting eligibility in the election, and was, accordingly,
eligible to vote, The Company argued that the Regional Director
was inconsistent in overruling the challenge as to Lacy Carpenter
and in sustaining the challenge as to one Elmer Quier, contending that
the lay-off and subsequent . rehiring of both individuals occurred under
identical circumstances. We find that Lacy Carpenter and Elmer
Quier ,had both been temporarily laid off and were in that status on
the date which governed voting eligibility, and that their ballots
should have been counted.
Of the remaining challenges sustained by the Regional Director,
the Company disputed the rulings as to the following seven persons :
Irl Braillier, .Roger Stafford, Arthur Braillier, Forest Deeter, Carl
(Harold) Boggs, Earl West, and Gloyd Whitesell. Each one of
these seven was challenged by the International Union, United
,Automobile Workers, affiliated with the American Federation of
Labor, herein called the Union, on the ground that he was a
supervisor :
Irl Braillier, Arthur Braillier, and Earl West
In an election in a prior -case 2 involving the same plant of the
Company, in which no collective bargaining agent was selected by,
a majority of the Company's employees in the appropriate unit, the
Regional Director sustained challenges of the petitioning union
therein as to Irl Braillier, Arthur Braillier, and Earl West. The
Board sustained that ruling. The Regional Director found that the
evidence submitted with respect to these three employees in the
present proceeding is almost identical to that upon which he based
his former ruling. We are of the same opinion and, accordingly,
sustain his ruling as to Irl Braillier, Arthur Braillier, and Earl
West.
2 Matter of Gatke Corporation and Federal Labor Union #2241 of the American Fed-
eration,of Labor, 30 N L R. B. 514; 33 N. L R. B. 216.
G.ATKE' CORPORATION 917
Roger Stafford
The, Regional Director's investigation discloses that Stafford is
employed as a machine set-up man, that he checks- and gauges ma-
chinery and looks after the operation thereof by seven employees
of the Company, and that in the absence of other orders from a gen,
oral foreman, he directs the duties of these seven operators. Stafford
stated in his affidavit, filed by the Company with the Regional Di-
rector, that in the absence of a foreman, he and the other employees
continue with their work and discuss any problems that may arise
with other men in their department or with the "office." We believe
that while he is responsible for the maintenance of machines as 'set
up, his duties are not supervisory in character and his work is com-
parable to that of ordinary production workers.3 We find, contrary
to the Regional Director, that Roger Stafford is within the appro=
priate unit and that his ballot should have been counted.
Forrest Deeter
The Regional Director's investigation discloses that Deeter is em-
ployed in the Supply Department as a storeroom keeper and re-
ceiving clerk, that he prepares requisitions for needed materials to
the Chicago office of the Company, that he issues supplies from the
storeroom as required at the plant,-and that he directs the work of two
employees in- the storeroom and is considered the person in -charge.
We agree with the Regional Director's conclusion that Deeter is a-
supervisor and sustain the ruling in which he upheld the challenge
to Deeter's ballot. _
Carl (Harold) Boggs
The Regional Director's investigation discloses that Boggs is em-
ployed as a mixer and loader in the Mixing Department, that he directs
the work of 8 or 10 employees and is considered by them as their
supervisor, that he has authority to grant time off to these employees,
and that he asserted at the time of the election that he recommended
the hiring and discharging of employees. We agree with the Regional
Director's conclusion that Boggs is a supervisor and with his ruling
sustaining the challenge to the ballot of Boggs.
Gloyd Whitesell
The Regional Director's investigation discloses that Whitesell is
employed as a first pressman in the Block•Department, that he lays
3 Matter of B. F. Sturtevant Company and United Electrical and Radio Workers Local
Union No . 248, 8 N . L. R. B 835. Matter of The Liquid Carbonic Corporation and Independ-
ent Beverage Machinery Builder's Union, 35 N L R. B 674.
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out work for other employees and directs, them in their method of
work, that he grants time off to employees, that he is responsible for
the training of new employees, and that he stated at the time of
the election that he was a foreman over eight pressmen. , We agree
with the Regional Director's conclusion that Whitesell is a supervisor
and we, therefore, affirm the Regional Director's ruling sustaining the
challenge to Whitesell's ballot.
No objections were made by any of the parties to the Regional
Director's rulings on the remaining six challenges. We concur in
these rulings.
We find that as to Lacy Carpenter, Wayne Zolman, Ted Blue;
Fred Osbun, and William Braddock, the Regional Director properly
overruled the challenges to their ballots. As found above, Elmer
Quier and Roger Stafford were also eligible to vote. However, the 7
votes herein ruled valid cannot affect the results of-the election since
the Union has received 61 out of a total of 121 valid ballots cast. We
shall, therefore, certify the Union as the bargaining representative
of the employees in the appropriate 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, 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 CERTIFIED that International Union United Automobile
Workers of America, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all production
and maintenance employees of Gatke Corporation, Warsaw, Indiana,
excluding supervisory and clerical employees, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, International Union United Automobile Work-
ers of America, affiliated with the American Federation of Labor, is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES.