Barkley Body Works

National Labor Relations Board - Board Decisions

Feb 12, 1943

47 N.L.R.B. 460 (N.L.R.B. 1943)

In the Matter of HAVEN-BIISCH COMPANY, AND J. H. HAVEN AND
GEORGE BIISCH, D/B/A BARKLEY BODY WORKS and INTERNATIONAL
ASSOCIATION OF MACHINISTS , LODGE No. 475 (A. F. L.)
Case No. R-4486
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 12,1943
On December 14, 1942, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing.' Pursuant to the Direction of Election, an election by secret
ballot was conducted on January 5, 1943, under the direction and
supervision of the Regional Director for the Seventh Region (Detroit,
Michigan). On January 6, 1943, the Regional Director, acting pur-
suant 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.
As to the balloting and its results, the Regional Director reported
as follows :
Haven-Busch Company
Approximate number of eligible voters---------------------- 33
Total ballots cast------------------------------------------- 27
Total ballots challenged------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted----------------------------------- 27
Votes cast for International Association of Machinists, Lodge
475 (A. F. L.) ------------------------------------------- 20
Votes cast against International Association of Machinists,
Lodge 475 (A. F. L.) ------------------------------------- 7
J. H. Haven and George Busch, d/b/a Barkley Body Works
Approximate number of eligible voters----------------------- 11
Total ballots cast------------------------------------------ 10
Total ballots challenged------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted----------------------------------- 10
1 45 N. L . R. 13.1302.
47 N. L. R. B., No. 66.
460
=HAVEN BUSCH COMPANY =') d61-
'Votes cast' for International Association of Machinists, Lodge
No. 475 (A 'F. L.) ----------------------------------------
Votes cast against International Association of Machinists,
Lodge No. 475 (A. F. L.) ---------------------------------4
The Company' thereafter filed objections to the, Election Report
alleging that one George Ringewold was not permitted to, act as an
observer, for the Company and that he was not,permitted to vote in
the election; and that as a result of the dispute between Ringewold;
the Board. representative, and the union observer, and the unfair
attitude taken by the.Board's representative, the. Company is con-
vinced that other employees were influenced and coerced.
On January 23, 1943, the Acting 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 a Report on Objections, finding that Ringewold had not
been permitted to act as an observer, upon objection by a union ob-
server that he, Ringewold, was the union observer's foreman', and that
Ringewold was challenged as a supervisory employee not within 'the
unit when he attempted to vote and was offered a challenged ballot
which he refused to cast. The Acting Regional Director found that
Ringewold was classified on the pay roll of the Company in September
1942 as a foreman ; that the Board's representative did -not abuse his
discretion in his actions toward Ringewold; and that no facts were
submitted to support the allegation that eligible employees were
coerced and, influenced by actions taken with respect to Ringewold or.
in any other way.
We have considered the objections and the Report on Objections.
It is apparent that the result of either election 2 would not be altered
by a single vote. For this reason and the reasons set forth in the
Report on Objections, we concur in the conclusions of the Acting
Regional Director that the Company's objections raise no substantial
or material issues with respect to the conduct of the elections or the
Election Report.
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 Relations Act,
and pursuant to Article III, Sections 9 and 10, of National Labor,
' Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
Lodge No. 475 (A. F. L.), has been designated and selected by a
0
2It is not apparent from the Company's objections or the Report on Objections , in which
of the two elections it is claimed that Ringewold was entitled to participate.
.462 DECISIONS OF;NATIONAL:LABOR RELATIONS BOARD
majority of all employees of Haven-Busch Company, Grand Rapids,
Michigan, excluding truck-drivers, supervisory, clerical, engineering,
and full-time plant-protection employees, as their representative for
the purposes-of collective bargaining, and that, pursuant to Section
9 (a) of the Act, International Association of Machinists, Lodge No.
475 (A. F. L.), is the exclusive representative of all such employees
for, the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that International Association of Machinists,
Lodge No. 475 (A. F. L.), has been designated and selected by a ma-
jority of all employees of J. H. Haven and George Busch, doing busi-
ness as Barkley Body' `Yorks, Grand Rapids, Michigan, excluding
truck drivers, supervisory, clerical, engineering, and full-time plant-
protection employees, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
International Association of Machinists, Lodge No. 475 (A. F. L.), is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
0 ployment, and other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.
I