Reed Roller Bit Co.

National Labor Relations Board - Board Decisions

Jan 16, 1945

60 N.L.R.B. 73 (N.L.R.B. 1945)

In the Matter of REED ROLLER BIT COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 16-R-894
SUPPLEMENTAL DECISION
AND
DIRECTION
January 16, 1945
On October 11, 1944,.pursuant to a Decision and Direction of Elec-
tion issued by the Board on September 22, 1944 (58 N. L. R. B.
488), an election by secret ballot was conducted among certain em-
ployees of Reed Roller Bit Company, Houston, Texas, under - the
direction and supervision of the Regional Director for the Sixteenth
Region (Fort Worth, Texas). Upon the conclusion of the election,
a Tally of Ballots was furnished the parties in accordance with the
Rules and Regulations of the Board.
The Tally indicated that of approximately 2,350 eligibles in the
voting group, 1,664 cast valid votes. Of these, 839 were cast for the
Steelworkers, 803 were cast for the Council, and 22 were cast against
both the foregoing labor organizations. In addition, 86 ballots were
challenged and 8 ballots,were declared void-by the'Regional Director.
Inasmuch as it appeared that the challenged ballots might affect the
results of the election, the Regional Director, pursuant to Article III,
Section 10, of National Labor Relations Board Rules and Regula-
tions-Series 3, as amended, investigated the issues raised by, the chal-
lenged ballots and, on November 27, 1944, issued and duly served upon
the parties a Report on Challenged Ballots embodying therein certain
recommendations. On December 4, the Council filed with the Board
"Exceptions to the Regional Director's Decision on Challenged Bal-
lots" 1 and a request for oral argument. The request is hereby denied.
On December 9, the Company filed "Employers Exceptions to Report
on Challenged Ballots and Argument in Support Thereof," 2 and, on
The Exceptions of the Council are general in nature.
z An extension of time in which to file exceptions had been granted the Company The
Company ' s Exceptions are both general and specific , embodying therein some evidence in
the form of affidavits in support of its position.
60 N. L. R. B, No. 14.
73
74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
December 22, the Steelworkers filed an Answer to the Company's
Exceptions.3
The Board has considered the Regional Director's Report, the
Exceptions of both the Company and the Council, and the Answer
of the Steelworkers. Upon the evidence thus adduced, and upon the
entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
The Regional Director, in his Report, indicated that the ballots of
five persons were challenged on the ground that the names of the per-
sons casting the ballots did not appear upon the list of employees of the
Company eligible to participate in the election. He found in his Re-
port, without exception being taken thereto, that Bertha Estes, H. D.
Hendry, and D. C. Dykes were employed by the Company on the date
determining eligibility to vote in the election, and that Charles F.
Blaschke and F. E. Stepleton were not . Accordingly , we shall over-
rule the challenges to the ballots of Estes, Hendry, and Dykes, and
sustain the challenges to the ballots of Blaschke and Stepleton.
We are of the opinion that the evidence adduced 4 does not support
a finding that the following employees, herein referred to as Group A,
possess supervisory authority within the meaning of our customary
definition :
S. A. Ferguson C. P. Anderson W. Robinson
G. T. Foley Ira Sanborn J. R. Sanders
H. H. Turnage G. W. Wilcox Delbert Klaus
W. J. Othold James O. Lord G. A. Hutto
C. B. Cox Haynes Lee Y. C. Carmichael
B. C. Haygood U. W. Richardson D. W. Brown
R. P. Berry J. W. Britton Harry J. Ritchey
M. W. Seifert W. B. Garner Charles N. Fuller
P. H. Meyers Lawrence Berry - J. D. Brookshire
W. C. Ettings Edwin W. Loshe Eugene B. Methvin
H. H. Westphal V. W. Bricker Henry A. Scharnberg
Fred Liccion J. B. Neiderhofer M. E. Christian
M. C. Hart W. H. Dotson K. T. Hogg
J. C. Earl Terry E. Leediker E. N. Henshaw
R. S. Hill W. M. Latham
E.-L. Mason J. D. Smith
Accordingly, we shall overrule the challenges to their ballots.
8 An extension of, time in which , to file Answer has been granted the Steelworkers.
*This consists of the Company 's past collective bargaining history as evidenced by the
collective bargaining agreement between the Company and the Council , and affidavits of
employees and supervisors.
REED ROLLER BIT COMPANY 75
From the evidence, we are also of the opinion that the following
employees, hereinafter referred to as Group B, possess supervisory
authority within the meaning of our customary definition : 5
George W. Sager -
C. E. -Christ 6
Fred W. Kopp
H. D. Ringleston
F. R. Eckert
Accordingly, we shall sustain the challenges to their ballots.
We conclude and find that Estes, Hendry, Dykes, and the employees
in Group A were eligible to vote in the election, and the ballots of
these employees are hereby declared valid. We further find that
Blaschke, Stepleton, and the employees in Group B were ineligible to
vote in the election, and the ballots of these employees are hereby de-
clared invalid. Since the results of the election may be determined
by the counting of the challenged ballots declared valid, we shall
direct that they be opened and counted. If after counting the chal-
lenged ballots declared valid the results of the election are not con-
^clusive, we shall take action with respect to the remaining employees
whose ballots were challenged, and whose status is not herein
,determined.?
DIRECTION
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, Section 10, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
-to ascertain representatives for the purpose of collective bargaining
with Reed Roller Bit Company, Houston, Texas,- the Regional Di-
rector' for the Sixteenth Region shall, pursuant to the Rules and Reg-
ulations of the Board set forth above, within ten (10) days from the
date of this Direction open and count the ballots of Bertha Estes,
H. D. Hendry, D. C. Dykes, S. A. Ferguson, G. T. Foley, H. H.
Turnage, W. J. Othold, C. B. Cox, B. C. Haygood, R. P. Berry,
Except for Christ, the Company concedes that all employees in Group B possess super-
visory authority .and does not except to the recommendations contained in the Regional
Director 's Report with respect to them.
6 Among other indicia of supervisory authority, Christ "Makes out ability ratings on the
employees working under him." The Company does not specifically deny this fact.
7 As hereinbefore noted, the ballots of 86 persons were challenged . We have herein dis-
posed of 56 of these challenged ballots. The record thus far made does not afford a suffi-
cient basis for disposing of the remaining challenged ballots.
76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M. W. Seifert, P. H. Meyers, W. C. Ettings, H. H. Westphal, Fred
Liccion, M. C. Hart, J. C. Earl, R. S. Hill , E. L. Mason, 0. P. Ander-
son, Ira Sanborn, G. W. Wilcox, James 0. Lord, Haynes Lee, U. W. -
Richardson, J. W. Britton, W. B. Garner, Lawrence Berry, Edwin
W. Loshe, V. W. Bricker, J. B. Neiderhofer, W. H. Dotson, Terry
E. Leediker, W. M. Latham, J. D. Smith, W. Robinson, J. R. Sanders,
Delbert Klaus, G. A. Hutto, Y. C. Carmichael, D. W. Brown, Harry
J. Ritchey, Charles N. Fuller, J. D. Brookshire, Eugene- B. Methvin,
Henry A. Scharnberg, M. E. Christian, K. T. Hogg, and E. N. Ren-
shaw, and thereafter prepare and cause to be served upon the parties
in this proceeding a Supplemental Tally of Ballots, embodying therein
his recommendations as to the result of the balloting.
[See infra, 60 N. L. R. B. 1174, for Second Supplemental Decision
and Direction.] ,