Garden City Plating & Manufacturing Co.

National Labor Relations Board - Board Decisions

May 18, 1943

49 N.L.R.B. 877 (N.L.R.B. 1943)

Iii the Matter of GARDEN CITY- PLATING & MANUFACT-URTNG COMPANY
and INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,'
1. 0.
Case No. R- 6'75 -
SUPPLEMENTAL DECISION
AND-
CERTIFICATION OF REPRESENTATIVES
May 18,194
On February„ 25, 1943, the National Labor Relations Board, herein
called the: Board, issued its Decision and Direction of Election in this
proceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on March 18, 1943, under the direction
and supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). On March 19, 1943, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Approximate number of eligible voters---------------------------------- 206
Total ballots cast------------------------------------------------------ 191
Total ballots challenged ------------------------------------------------ 11
Total void 'ballots------------------------------------------------------ 1
Total valid votes counted ----------------------------------------------- 179
Votes cast for International Union of Mine, Mill and Smelter Workers,
affiliated with the C. I. 0--------------------------------------------- 97
Votes cast against International Union of -Mine, Mill, and Smelter Workers,
affiliated with the C. I. 0---------------------------------------------- 82
On March 25, 1943, the Garden City Plating & Manufacturing
Company, herein called the Company, filed its Objections to Conduct
of the Ballot and Election Report. On the same date Objections to
the same Report were also filed by 28 individuals, presently employed
by Garcy Lighting Company, Chicago, Illinois, who claim, neverthe-
less, to be employees of the Company. On the same date, the Union
47 N. L. R. B. 1047
49 N. L. R. B., No. 125.
877
878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
filed Objections to the Commpany's Objections. On April 12, 1943; the
Regional Director issued and duly served upon the parties his Report
on Objections to Election Report, in -which he found the Company's
and the 28 individuals' Objections to be -without merit. On April
15, 1943, the Company filed Exceptions to.the Report on Objections
to the Election Report.
The Company's Objections allege in substance that a Field Examiner
of the Board sent a letter to the attorney for the Company which did
not specifically request a list of employees who did not work during
the pay-roll period, of February 22, 1943 `('the date on which eligibility.
was to be determined) ; that during this period 54 employees of the
Company did not work for the Company because they were tempo-
rarily transferred,'and therefore did not-appear on the list and did not
vote; and that the employees in question, after ascertaining the fact
that they were precluded from voting, protested to the Company as
their employer, stating that they have. been deprived of their legal
rights as eligible voters to,participate in the election.
The Objections filed-by the 28 individuals allege that at the election
held on March 18, 1943, all qualified and eligible voters were not given
an opportunity, to. vote, and that the 28. individuals were temporarily
transferred from the Company, were eligible-voters pursuant to the
Decision and Direction of Election, and were not notified of the time
and place of the election.
The Regional Director's investigation of flue Objections filed-by the
Company and the 28 individuals and the Objections to .the Objections
of the Company filed by the Union, the results of'which are set forth
in his Report on Objections to Election, reveals that on March 4, 1943,
a conference was held in the Regional Office, attended by a Field Ex-
au-iiner of the Board and representatives of the Company and the
Union, at which time the place, date, and hours of the election were
determined. Shortly thereafter several copies of the Notice of Elec-
tion were-mailed to the Union and the Coiihpauy, and it appears that
the notices mailed to the Company were immediately posted in con-
spicuous places in the plant. The Notice of Election described the
employees eligible to vote pursuant to the Board's Direction of Elec-
tion which included as eligible employees who were "temporarily laid
off." Following the posting of the notice, the Company submitted
to the Field Examiner a list of'enmployee's of the Company whom the
Company alleged to be eligible to participate in the election. With
a few exceptions as to the classification of certain employees, the Union
approved the list which was later used as the list of eligible'voters'in
the election.
The Regional Director's investigation further reveals that each of
the 54 persons named in the Objections filedby the Company (28 of
-GARDEN CITY PLATT\G & IMIA\UFAC`IURING COMPANY 879
whom are, also named in the Objections-,filed by t he;individuals) was
employed at Garcy Lighting Company as of April 3, 1943•; the names
of 10 of the 54 persons in question appear on the eligibility list. Of
these 10, 1 is a foreman and he did not vote; 7 are persons who were
transferred subsequent to February 22, 1943, 6 of whom voted; and 2
of them were transferred prior to'February 22, 1943, and they did not
vote. Of the remaining 44 persons named by the Company, 2 are
listed as continual transients between the Company and Garcy Light-
ing Company. 1 was transferred in April 1942, 8 in May 1942; '5 in
Jtily 1942, 6 in' August 1942, 5 in September 1942, 3' in October 1942,
6 in November 1942, 6 in December 1942, 1 in February 1943, and 1
ih March 1943:
The investigation also reveals that Garry Lighting Company is a,
copartnership, operating a plant at Chicago. Illinois, located approxi-
mately 81/9 miles from the Company's plant. As to the Company, the
record shows that the Company entered into a stipulation with an
attorney for the Board, which was introduced and received in evidence
during the hearing, and which provided, inter cilia:
1. Garden City Plating and Manufacturing Co., hereinafter
called the Company, is an Illinois corporation, having its prin-
cipal offices and its only manufacturing plant, hereinafter called
the plant, in 'Chicago, Illinois.
We are convinced that the Garcy Lighting Company and the
Company are separate and distinct legal entites. We find no merit
in the Company's contention that the persons in question (other than
the two listed as "continual transients") were in the status of em-
ployees temporarily transferred to the Garcy Lighting Company,
and therefore eligible to vote.. The dates on which they were trans-
ferred, and the absence of any evidence indicating, that these per-
sons were frequently interchanged between the two companies, indi-
cate that upon "transfer" they ceased to be employees of the Coin-
pany. Moreover,' even assuming that all of them were employees
of the Company and eligible to vote, no showing- has been made
that they were deprived of the opportunity to vote. Their failure
to vote would not warrant setting aside the election since all eligible
voters were afforded a fair and ample opportunity to cast ballots.
In this connection it appears that names of persons transferred to
the, Garcy Lighting Company before and after the pay-roll date of
February 22, 1943, appeared on the list of eligible voters submitted
by the Company and that at least six voted: No showing has been
wade that others similarly situated could not have voted. The
Objections are therefore overruled and, since the Union has received
a majority of the valid votes cast and the challenged ballots could
880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not affect the results, we shall certify it as the exclusive representa-
tive 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, 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 Union of Mine, Mill
and Smelter Workers, affiliated with the Congress of Industrial
Organizations, has been designated and selected by a majority 'of all
production and maintenance employees of Garden City Plating, &
Manufacturing Company, Chicago; Illinois, including inspectors,
set-up men, janitors, and employees in the shipping and warehouse
departments, but excluding the-truck driver, watchmen, office and
clerical employees, and supervisory employees (including foremen,
night foremen, and assistant foremen), as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, International Union of Mine, Mill and Smelter
Workers,'affiliated with the 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 con-
ditions of employment.