Wheland Co.

National Labor Relations Board - Board Decisions

Oct 5, 1951

96 N.L.R.B. 662 (N.L.R.B. 1951)

662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the clerks and direct their activities in all respects. The Employ-
er's supervisor of stores in Savannah testified without contradiction
that assistant managers have power to hire or to discharge employees
without consulting the store managers, and he cites three instances of
their exercise of such authority. Upon these facts, it is clear, and we
find, that assistant managers are supervisors as defined in the Act.
We shall therefore exclude them from the unit.
The Employer' classifies as part-time employees all persons who
work less than 29 hours weekly. The number of such employees
throughout the stores varies between 5 and 10. They are for the most
part high school students employed principally on Saturdays. Ordi-
narily they work between 9 and 18 hours weekly; during-the summer
months they may work as much as 27 hours per week. They do not
handle cash or check out items, but otherwise do work similar to that
of the full-time employees. Their pay rate is comparable to that of
other employees although they do not enjoy the insurance, pension,
and vacation benefits of the full-time workers. The record indicates,
although it is not clear on this point, that the average part-time
employee remains with the.Employer for about 6 months, but one
at least has been employed for over 2 years. It thus appears that
the part-time employees are regularly employed at work which is
the same as that performed by full-time employees. We shall there-
fore include them, as regular part-time employees, in the unit. We
also find that they are eligible to vote in the election hereinafter
directed .5
We find that all produce, grocery, and dairy department employees
in the Employer's four stores in Savannah, Georgia, including part-
time employees, but excluding employees of the meat departments,
assistant managers, managers, and all supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective
bargaining.
[Text of Direction of Election omitted from publication in this
volume.]
5 The Kroger Company, 85 NLRB 6.
WfIELAND COMPANY and UNITED STEELWORKERS OF AMERICA, CIO,
PETITIONER. Case No. 10-RC-1313. October 5, 1951
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Elections issued on July
11, 1951,1 separate elections by secret ballot were conducted on August
1 Wheland Company, 95 NLRB No. 18.
96 NLRB No. 95
WHELAND COMPANY 663
9, 1951, under the direction and supervision of the Regional Director
for the Tenth Region among certain machine shop employees of
the Employer. An election was conducted among the machine shop
production and maintenance employees, excluding all machine shop
helpers, to determine whether these employees desired to be repre-
sented for purposes of collective bargaining by United Steelworkers
of America, CIO, or by International Association of Machinists,
Lodge No. 56, or by neither; an election was conducted among the
machine shop helpers to determine whether or not these employees
desired to be represented by United Steelworkers of America, CIO.
Tallies of ballots were served upon the parties at the conclusion of
the elections, and no objections were filed thereto. The tally for the
production and maintenance machinists' election discloses that there,
were 159 eligible voters, and that 153 ballots were cast, of which 77
were for the IAM, 75 were for the Steelworkers, and 1 for neither.
The tally for the machine shop helpers' election shows that, of 19
eligible voters, 18 cast ballots for the Steelworkers, and 1 abstained
from voting. There were no challenged ballots in either election.
On August 30, 1951, the Petitioner, United Steelworkers of Amer-
ica, CIO, filed a motion with the Board asking that it be certified as
the exclusive bargaining representative of all employees within the
Employer's machine shop. In the alternative, it asks that the Board
direct new elections. In support of this motion, it urges, in sub-
stance, that the machine shop helpers' vote indicates that they wish
to be included in the machine shop production and maintenance unit,,
and that their ballots should therefore be considered along with the
ballots of the machinists in determining the bargaining representa-
tive of the machine shop group.
It is clear from the language employed in the Board decision direct-
ing these "Globe" elections, and from past Board practice in such
cases, that no such construction and effect can be given the results of
the elections here. Concerning these machine shop helpers, the Board
said that "we shall first ascertain their desires as expressed in a sep-
arate election before determining their unit placement," and further
said that "if a majority of [them] vote for the Petitioner, they will
be deemed to have expressed a desire to be represented by the Peti-
tioner as part of the machine shop unit." We refrained from indicat-
ing, however, what construction we would place on the various possi-
ble results of the elections, one in relation to the other. On the
contrary, we reserved decision as to the unit placement of these em-
ployees until we had the opportunity to appraise the effect of' the
ultimate vote in light of all pertinent circumstances.
As we have previously observed, in instances where separate self-
determination elections are being.simultaneously held, it isa impossible
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the employees participating in such elections to know in advance
whether the union for which they cast their vote will be successful
in either, or both, of the voting groups. The only logical import that
can be given to their vote, therefore, is to assume that they have regis-
tered a desire to have the union of their choice represent them in a
unit embracing the group or groups in which it might ultimately win
a majority vote.2
As heretofore stated, the Board, in its Decision and Direction of
Election, made no final determination as to the appropriate unit or
units. Therefore, upon the entire record in this case, the Board makes
the following :
Supplemental Findings of Fact
We find that all production,and maintenance employees in the
machine shop at the Employer's Chattanooga, Tennessee, plant, in-
cluding the machinists on special assignment, but excluding machine
shop helpers, office, clerical, technical, and professional employees,
watchmen and guards, and all supervisors as defined in the Act, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. As the Intervenor
has secured a majority of the valid votes cast in the election among
these employees, we shall certify it as the bargaining representa-
tive of this unit.
We further find that all machine shop helpers employed in the
machine shop at the Employer's Chattanooga, Tennessee, plant, ex-
cluding all other employees and all supervisors as defined in the Act,
constitute a unit apppropriate for the purpose of collective bargain-
ing within the meaning of Section 9 (b) of the Act. As the Petitioner
has obtained a majority of the valid votes cast in the election held
among the machine shop helpers, we shall certify it as the bargaining
representative of a unit composed of these employees.
Certification of Representatives
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Lodge No. 56, has been designated and selected by a majority of
all production and maintenance employees in the machine shop at the
Employer's Chattanooga, Tennessee, plant, including the machinists
on special assignment, but excluding machine shop helpers, office,
clerical, technical, and professional employees, watchmen and guards,
and all supervisors as defined in the Act, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
2 J. I. Case Company, 87 NLRB 692.
GENERAL REFRACTORIES COMPANY 665
9 (a) of the Act, the said organization is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
IT IS FURTHER CERTIFIED that United Steelworkers of America, CIO,
has been designated and selected by a majority of all machine shop
helpers employed in the machine shop at the Employer's Chatta-
nooga, Tennessee, plant, excluding all other employees and all super-
visors as defined in the Act, as their representative for the purposes of
collective 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 employ-
ment.
MEMBERS MURDOCK and STYLES took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.
GENERAL REFRACTORIES COMPANY and INTERNATIONAL ASSOCIATION OF
MACHINISTS, AFL, PETITIONER
HARBISON-WALKER REFRACTORIES and INTERNATIONAL ASSOCIATION OF
MACHINISTS, AFL, PETITIONER. Cases Nos. 9-RC-1162,9-RC-1179,
9-RC-1190, and 9-RC-1191. October 8, 1951
Decision and Order
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a hearing in these consolidated cases was
held before Alan A. Bruckner, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Chairman Herzog and Members Houston and Reyn-
olds].
Upon the entire record in these cases, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees of
the Employers.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
96 NLRB No. 98.