Quality Print

National Labor Relations Board - Board Decisions

Sep 30, 1952

100 N.L.R.B. 1320 (N.L.R.B. 1952)

1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Niles, Ohio, including cafeteria workers, but excluding office em-
ployees, professional employees , guards, and supervisors as defined in
the Act.
(2) All production employees of the Employer at its Tiffin plant of
the Fractional Horsepower Motor Department , Wall Street, Tiffin,
Ohio, including helpers, sweepers , oilers, and stockkeepers in the pro-
duction department , but excluding all employees in the maintenance
department and the tool and die room, all die setters , all office and
clerical employees , all test engineers , all guards, professional em-
ployees, and supervisors as defined in the Act.
Order
IT IS HEREBY ORDERED that the Order of the Board dated May 16,
1952, in this matter be, and it hereby is, vacated and set aside.
[Text of Direction of Elections omitted from publication in this
volume.]
MEMBERS MURDOCK and PETERSON took no part in the consideration
of the above Supplemental Decision, Order, . and Direction of
Elections.
QUALITY PRINT and LOCAL #35, UNITED PAPERWORKERS OF AMERICA,
CIO, PETITIONER. Case No. 4-RC-1580. September 30, 1952
Supplemental Decision and Certification of Representatives
On July 25, 1952, pursuant to a Decision and Direction of Election
issued by the Board herein on July 9, 1952,1 an election by secret ballot
was conducted under the direction and supervision of the Regional
Director for the Fourth Region. At the conclusion of the election, a
tally of ballots was furnished the parties by the Regional Director.
The tally shows that there were approximately 9 eligible voters and
that 8 votes were cast, of which 4 were for the Petitioner, 3 were
against the Petitioner, and 1 waschallenged.
As the challenged ballot could affect the results of the election, the
Regional Director, in accordance with the Board's Rules and Regula-
tions, conducted an investigation, and thereafter, on July 30, 1952,
issued and served upon the parties his report on challenged ballot,
finding that Michael Beattie was a temporary employee and recom-
mending that the challenge to his ballot be sustained. On August 11,
1952, the Employer filed exceptions to the Regional Director's report.
The Regional Director's investigation disclosed that Beattie was
hired June 16, 1952, under a limited certificate, known as a "vacation
1 Not reported in printed volumes of Board decisions.
100 NLRB No. 208.
HAGEN MANUFACTURING COMPANY, INC. 1321
work permit," issued by the Department of Public Education of the
Commonwealth of Pennsylvania to permit minors under 16 years
of age to work for a limited period during the school vacation season.
By the terms of the limited work permit, Beattie could not be employed
by the Employer after the expiration of the recent school vacation
season. Beattie was born October 16, 1937, and, therefore, could under
no circumstances be permanently employed until the fall of 1953, when
he attains his sixteenth year. In its exceptions, the Employer asserts
that permanent employment is assured to Beattie "when he would be
able to resume work for the Company." In the special circumstances
of this case, we deem the possibility of Beattie becoming a permament
or regular employee too remote and too indefinite to justify his partic-
ipating in an election to select representatives to bargain for the
immediate future. Accordingly, we adopt the recommendation of the
Regional Director and sustain the challenge to the ballot of Michael
Beattie.
As the Petitioner has received a majority of the votes cast in the
election, we shall certify it as the bargaining representative of all
employees in the appropriate unit.
Certification of Representatives
IT IS HEREBY ORDERED that Local #35, United Paperworkers of
America, CIO, has been designated and selected by a majority of the
factory employees at the Employer's Philadelphia, Pennsylvania,
plant, excluding lithographic employees, office clerical employees, and
supervisors as defined in the Act, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 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 conditions of
employment.
MEMBERS STYLES and PETERSON took no part i n the consideration of
the above Supplemental Decision and Certification of Representatives.
IIAGEN MANUFACTURING COMPANY, INC. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, AFL, PETITIONER. (rase No. 18-R4-1506.
September 30, 1952
Supplemental Decision and Certification of Representatives
Pursuant to a Decision and Direction of Election issued by the
Board on July 24,1952,E an election by secret ballot was held on August
i Not reported in printed volumes of Board decisions
100 NLRB No. 222.