Kent-Owens Machine Co.

National Labor Relations Board - Board Decisions

Mar 16, 1943

48 N.L.R.B. 117 (N.L.R.B. 1943)

In the Matter of DENT -OwENs MACHINE COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WoinuiRs OF AMERICA , C. 1. 0., LOCAL No. 14,
Case No. R-4703=Decided Mardi 16, 1943
SUPPLEMENTAL DECISION
AND
DIRECTION
On January 16, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.
Pursuant to the Direction of Election, an election by secret ballot was
conducted on February 9, 1943, under the direction and supervision of
the Regional Diiector for the Eighth Region (Cleveland, Ohio). On
February 16, 1943, the Regional Director, acting pursuant to Article
III, Section 10, of National Labor Relations Board Rules and Regula-
tions-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 :
Total on eligibility list--------------------------------------- 352
Total ballots cast ------------------------------------------- 325
Total ballots challenged------------------------------------- 5
Total blank ballots------------------------------------------ 0
Total void ballots-------------------------------`----------- 0
Total valid votes counted------------------------------------ 320
Votes for International Association of Machinists, Lodge No. 105
of District 57 (A F. L ) ----------------------------------- 159
Votes for International Union, United Automobile, Aircraft &
Agricultural Implement `Workers of America, Local 14
(C I 0.) ------------------------------------------------ 160
Votes for neither------------------------------------------- 1
In his Election Report, the Regional Director recommended that
the challenges to the ballots of Paul Shafer, Ernie Zingg, Roy Chan-
dler, and Frank Coupe, made, by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
C. I. 0., Local No. 14, herein called the C. I. 0., be sustained and that
146 N. L. R. B. 1154.
48 N L . R. B., No. 24
117
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the challenged ballots accordingly not be counted. He further recom-
mended that the challenge to the ballot of Frank Szaradowski, made
by the C. I. 0., be overruled and that the challenged ballot accord-
ingly be opened and counted.
Thereafter International Association of Machinists, --Lodge No. 105,
District 57 (A. F. L.), herein called the I. A. M., filed Objections to
the Election Report, contending that. the Regional Director erred in
his recommendations on the challenged ballots of Paul Shafer, Ernie
Zingg, Roy Chandler, and Frank-Coupe. No objection was filed to
the recommendation of the Regional Director as to the challenged
ballot; of Frank Szaradowski. On March 1, 1943, the Regional Di-
rector issued a Report on Objections in which he found the contentions
of the I. A. M. to be without merit.'
The ballots of Shafer, Zingg, Chandler, and Coupe were challenged
by the C. I. O. on the ground that • these men are technical engineers,
expressly excluded from, the appropriate unit. The I. A. M. asserts
that these men are not technical engineers but draftsmen, engaged in
the drawing of plans from designs submitted by the technical engi-,
neers, and that the four ballots should be counted. The Regional
Director reported that an investigation discloses that Shafer, Zingg,
Chandler, and Coupe are draftsmen employed in the engineering
department of the Company. They are professional workers, and
work in the Company's offices which are separate from the factory;
their work does not bring them in contact with the employees in the
factory. The Company considers them to be office employees and did
not include their names on the pay roll submitted for the purposes of
the election. The I. A. M. has not represented draftsmen at the Com-_
.pany's plant, under its recent contract, nor has it solicited their mem-
bership. It is clear, therefore, that the draftsmen were not regarded
as part of the unit established by the I. A. M. contract. Our finding
of the appropriate unit was. intended to coincide with the unit thus
established, pursuant to the agreement of the parties. No claim was
made at the hearing that draftsmen were part of that unit. Accord-
ingly, we sustain the recommendations of the Regional Director in
regard to the ballots of Shafer, Zingg, Chandler, and Coupe and find
that they are not to be,counted.
The ballot of-Frank Szaaradowski was challenged by the C. I. O.
on the ground that he is a supervisory employee. In the Election
Deport the Regional Director reported that an investigation discloses
that Frank Szaradowski is not a supervisory employee and recom-
mended that the challenge be overruled and-his ballot be opened and
counted. No objection has been filed to this recommendation. We
find that Frank Szaradowski is not a supervisory employee and that
he was eligible to vote. Since his ballot may affect the results of the
election, we shall direct that it be opened and counted.
PET'-0WENS MACHINE' COMPANY
DIRECTION
119
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
, DIRECTED that , as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Kent-Owens
Machine Company , Toledo, Ohio, the' Regional Director for the Eighth
Region shall , pursuant to the Rules and Regulations of the Board,
set forth above; and subject to' Article III, Section 10, of said Rule
and Regulations , within ten ( 10) days from'the date of this "Direction,
open and count the ballot of Frank Szaradowski and shall , thereafter,
prepare and cause , to be served upon the parties in this case , a Sup-
plemental Election Report, embodying his findings-therein and,bis
recommendations as to the results of the secret ballot.
MR. JOHN M. HousTON took no part in the consideration of the above
Supplemental Decision and Direction. I "