Strong Co.

National Labor Relations Board - Board Decisions

Dec 29, 1949

87 N.L.R.B. 1360 (N.L.R.B. 1949)

In the Matter of STRONG COMPANY, EMPLOYER and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DISTRICT LODGE No. 114, LOCAL LODGE
No. 1066, PETITIONER,
Case No. 20-RC-535
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 29, 1949
On November 11, 1949, pursuant to a Decision and Direction of
Election issued by the Board,' an election by secret ballot was conducted
under the direction and supervision of the Regional Director for the
Twentieth Region, among the employees in the voting group described
in the Decision.
Upon completion of the election, a Tally of Ballots was duly issued
and served upon the parties. The Tally of Ballots shows that there
were approximately 11 eligible voters, and that 11 cast valid ballots,
of which 8 were for the Petitioner, and 3 were for the Intervenor, Oper-
ating Engineers. Seven ballots were challenged. On November 16,
1949, the Intervenor filed "Objections to Conduct of Election." 2
As the challenged ballots were sufficient in number to affect the re-
sults of the election, the Regional Director investigated the challenges
and, on November 18, 1949, issued and duly served upon the parties his
Report on Challenged Ballots. The-Regional Director recommended
that the challenges by the Petitioner to all seven ballots s be sustained.
The Intervenor filed timely exceptions to the Regional Director's
report.
186 NLRB 687 . ( Members Reynolds and Gray dissenting on the exercise of jurisdic-
tion .) Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act,
the Board has now delegated its powers in connection with this case to a three-member
panel [ Chairman Herzog and Members Houston and Reynolds].
2 As the Intervenor has not alleged any conduct affecting the results of the election in its
"Objections ," we have considered this document as a brief in support of its position that
the seven challenged ballots should be counted.
3 These ballots were cast by employees Owen Bingham , Ed F. Cox, Ted Hone, William
Landry , Warren Mitchell, C. C . Whitehead, and John Young.
87 NLRB No. 167.
1360
STRONG COMPANY 1361.
The seven employees challenged by the Petitioner are employed as.
regular operators of various kinds of heavy duty machinery and equip-
ment. The Intervenor contends that they are eligible to vote in the
election because they are "helpers" within the meaning of the voting:
group description in our Decision. In support of this contention,
the Intervenor asserts that these employees assist mechanics in making
repairs on their machinery and equipment.
We find no merit in the Intervenor's contention. The employees in,
question are classified by the Employer as operators and are primarily,
engaged in performing the duties of employees in this classification.
They are not mechanics, welders, or helpers, as those terms were used
in our definition of the voting group. Although they occasionally
assist mechanics and welders during rush periods' and make minor
repairs on their equipment, they perform such work infrequently. It
is purely incidental to their principal job of operating equipment, and
does not in and of itself constitute them a part of the voting group.
Accordingly, we hereby affirm the Regional Director's report and sus-
tain the Petitioner's challenges to the ballots, of Owen Bingham, Ed F.
Cox, Ted Hone, William Landry, Warren Mitchell, C. C. Whitehead,
and John Young.
In its Decision and Direction of Election, the Board made no final
determination as to the appropriate unit. The Board said:
If a majority of [the mechanics, welders, and their helpers]
vote for the Petitioner, they will be taken to have indicated their
desire to constitute a separate appropriate unit.
Upon the entire record in this case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all mechanics, welders, and their helpers employed
inside, or outside, the Employer's repair yard at Springville, Utah,
excluding all office and clerical employees and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
As the Petitioner has secured a majority of the valid ballots cast
in the election, we shall certify it as the bargaining representative in
the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Association of Machinists,
District Lodge No. 114, Local Lodge No. 1066, has been designated
• See footnote 7 of the Decision and Direction of Election.
877359-50-vol. 87-87
1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and selected by a majority of all mechanics, welders, and their helpers
employed inside, or outside, the Employer's repair yard at Spring-
ville, Utah, excluding all office and clerical employees and supervisors
as defined in the Act, as their representative for the purposes of col-
lective 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
employment.