Breese Brothers Co.

National Labor Relations Board - Board Decisions

Mar 1, 1943

47 N.L.R.B. 1265 (N.L.R.B. 1943)

In the Matter of BREESE BROTHERS COMPANY and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA, LoCAL 761, C. I. O.
Case No. R-/653.Decided March, 1, 1943
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On January 6, 1943, the National Labor Relations Board issued a
Decision and Direction of Elections,in the above-entitled proceeding.'
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on February 4, 1943, under the direction and supervision
of the Regional Director for the Ninth Region (Cincinnati, Ohio).
On February 5, 1943, the Regional•Director, acting .pursuant to Ar-
ticle IIISection 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 ballot.
As to the balloting and its results, the Regional Director reported
as follows : -
(1) Truck Drivers:
Total on eligibility list___________________________ 2
Total ballots cast--------------------------------------------------- 2
Total ballots challenged ----------------------------------------- 0
f Total blank ballots-------------------------------------------------- 0
Total void ballots----------------------------------------------------- 0
`Total valid votes counted_________________________ ------------- 2
Votes cast for United Electrical, Radio and Machine Workers of America,
Local 761, C. I. 0-------------------------------------------------- 1
Votes cast for Truck drivers, Chauffeurs & Helpers Union, Local 100,
A. F. of L------------------------------------------------1------- 1
Votes cast for Neither------------------------------------------------ 0
(2) Production and Maintenance: -
Total on eligibility list_______________________________________________ 69
Total ballots cast ------------------------ ------'---------------- - ----- 66
Total ballots challenged_____________________________________________ 0
Total blank ballots--------------------------------------------------- 0
Total void ballots---------------------------------=----------------- 0
Total valid votes counted--, ------------------------------------------ 66
Votes cast for United Electrical, Radio and Machine Workers of America,
Local 761, C. I. 0------- ------------------- -------------------- 53
146 N. L . R. B. 808.
47 N. L. R. B., No. 155.
112€5
513024-43-vol. 47-80
1266 ' DECISIONS OF NATIONAL LABOR RELATIO'N'S BOARD
Votes cast against United Electrical, Radio and Machine Workers of
America, Local 761, C. I. O_______________________________________ 13
On February 12, 1943, the Company filed objections to the Election
Report, protesting the Regional Director's recommendation referred
to below. On February 13, 1943, 'the Regional -Director issued a Re-
port ,on Objections, finding the Company's objections to be without
merit.
Upon the entire record-in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
In the Decision referred to above, they Board make no final deter-
mination as to the appropriate unit or units; stating that if the ma-
jority in each group selected the United, they would together constitute
a single appropriate unit; and that if the truck drivers and shipping
employees chose the Truck Drivers, that group would constitute a
separate appropriate unit.- The Regional Director recommended in
his Election Report that, in order to assure all employees the right to
collective bargaining pursuant to the purposes of the Act, the Board
include the truck drivers in a single unit with,the other employees
since the latter had voted overwhelmingly for the United. However,
the results of the election conducted among the truck drivers 2 show
that no collective bargaining representative has been selected by a
majority of such employees. We shall not, therefore, certify any bar-
gaining representative for such employees.
We find that all production and maintenance employees of the black
iron department of the Company, including the janitor, but excluding
the superintendent, foreman, office employees, employees of the sheet-
metal department, the truck drivers, and the shipping clerk, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the. Act.
CERTIFICATION OF. REPRESENTATIVES
J
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 1-IEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local 761, C. I. 0., has been designated and
selected by a majority of all production and maintenance employees
of the'black iron department of Breese Brothers Company; Cincinnati,
= During the period between the Decision and the elections, the job of shipping clerk
was vacated, and the duties of that job were being petfornmed_by an employee ineligible
to vote.
BREESE BROTHERS COMPANY 1267
Ohio, including the janitor, but excluding the superintendent, fore-
man, office employees, employees of the sheet-metal department, the
truck drivers, and the shipping clerk, as their representative for the
purposes of collective bargaining, and that pursuant to Section 9 (a)
of the National Labor Relations Act, United Electrical, Radio and
Machine Workers of America, Local 761, C. I. 0., 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 conditions of employment.
I