Wood Flong Corp.

In the Matter Of WOOD FLONG CORPORATION and INTERNATIONAL BROTHERHOOD OF PAPER MAKERS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-4432 SUPPLEMENTAL DECISION AND DIRECTION February 6, 1943 On November 13, 1942, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding? Pursuant to the Direction of Election, an election by secret ballot was conducted on December 4, 1942, under the direction and supervision of the Regional Director for the Second Region (New York City). On January 4, 1943, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued' an Elec- tion Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list ------------------------------------- 125 Total ballots cast__________________________________________ 94 Total ballots challenged ------------------------------------ 7 Total void ballots------------------------------------------ 0 Total valid votes counted________________________ ___________ 87 Votes cast for Mat Makers Union---------------------------- 41 Votes cast for International Brotherhood of Paper Makers, ' AFL----------------------------------------------------- 45 Votes cast for neither______________________________________ 1 On January 8, 1943, the Independent filed its objections to the Election Report. On January 13, the International filed its exceptions to the Election Report and an answer to the Independent's objections. On January 18, the Independent filed additional exceptions and a reply to the objections of the International, all of which have been con- sidered by the Board. The objections of both organizations relate only to the Regional Director's disposition of the challenged ballots. 1 45 N L. R. B. 578. 47 N. L. R. B., No. 45. 366 WOOD FLONG CORPORATION 367 In view of the fact that the counting of the challenged ballots- was essential to determine the results of-the election, the Regional Director investigated the validity of the seven challenged ballots and reported his findings and recommendations with respect to each of them. Albert Metcalfe was challenged by the International on the ground that he is a supervisor. Although on September 22, 1942, he was re- duced in pay to a machine tender, nevertheless it is claimed that he continued to exercise the authority of a supervisor. Furthermore he was excluded by name from the unit found to be appropriate. The Independent 'asse'rts that Metcalfe has received a regular assignment as a machine tender and that he exercises no supervisory authority. The Regional Director reported that the exclusion of Metcalfe was due to an error in fact and that he has not supervised or transmitted orders for over 2 months prior to the date of election. We find that Metcalfe is not a supervisory employee and shall therefore consider his ballot valid. Edward F. Schmigel was challenged by the International on the ground that he is a supervisor. It is alleged that Schmigel has an office of his own, acts as technician, and supervises and checks the amount of time spent by the workmen in production. The Interna- tional also alleged that he supervises four men in the operation of a "Hill Mat" machine. The Regional Director's investigation discloses that Schmigel's work is that of an inspector whose function it is to check the quality of the mats and the length of time they have been allowed to dry. He exercises no supervision over other workmen. With regard to the "Hill Mat" machine, Schmigel was its first opera- tor over 20 years ago, consequently he is thoroughly familiar with it and sometimes volunteers advice or answers questions concerning the machine. This is not supervision but merely the normal courtesy extended by one worker to another. We agree with the Regional Director's recommendation and find that Schmigel was entitled to vote. We shall therefore order his ballot counted. John T. Maloney was challenged by the Board's agent on the ground that he is a supervisor. The stipulation of exclusions referred to above contained the name of the night superintendent.- Maloney substituted for the night superintendent from about August 1942 to January 1943. Even though,he did not receive the title or pay of a night superintendent, nevertheless he exercised the duties of a su- pervisor. The Independent raises the point that Maloney resumed his former assignment of operating a machine on the same day the Elec- tion Report was issued and therefore urges that he should be considered a regular production employee. The International, however, points out that during the 5, months he did not operate his machine the em- ployees looked upon him as the man in charge. 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The fact that Maloney has been returned to production work is immaterial. His eligibility to vote is determined by his status as of the date of eligibility; at that time he had been acting as night su- perintendent for 4 months. We agree with the Regional Director's recommendation that the challenge be sustained; accordingly, we shall declare Maloney's ballot invalid. Edward Hynick was challenged on the ground that he does not have a sufficient interest in the matter to warrant his being allowed to vote. The Regional Director reported that he was hired during the week of the election to work as a holiday relief watchman and in cases of emer- gency, and recommended that his ballot be not counted. The Inde- pendent claims that Hynick's ballot should be counted because after the date of the election he substituted for one of the regular watchmen who was injured in an automobile accident. Under all the circum- stances and because of Hynick's infrequent employment, we shall de- clare his ballot invalid. Frank McShane and Peter Whittet were challenged by the Board's agent on the ground that their names were included in the stipulation of exclusions. The. Regional Director reported that the stipulation listed them as transients who had worked during the week of the eligibility date and who were no longer on the pay roll. The Regional Director's investigation shows, however, that McShane started work in November 1942 and was working at the time of the election. Whittet was hired in the latter part of September 1942 and was likewise work- ing at the time of the election. The Company stated that it expects to retain both men. Neither the International nor the Independent objected to the recommendation that their ballots be counted. We agree with the Regional Director and find that McShane and Whittet were entitled to vote. We shall therefore order their ballots counted. John M. Coleton was challenged by the Board's agent on the ground that he had quit the Company's employment. The Regional Director reported that he was hired on September 30, 1942, had worked up to 1 week before the election and had then found another job. When the Company requested him to return to work, he refused to do so although he did attempt to cast a ballot in the election. Neither organization filed objections to the Regional Director's recommendation that his ballot be not counted. We find that Coleton quit the Company's em- ploy prior to the election ; accordingly we shall declare his ballot invalid. For the reasons indicated above, we conclude and find that John T. Maloney, Edward Hynick, and John M. Coleton were not eligible to vote in the election, and their ballots are hereby declared invalid. We further find that Albert Metcalfe, Edward F. Schmigel, Frank McShane, and Peter Whittet were eligible to vote in the election, and WOOD FLONG CORPORATION 369 their ballots are hereby declared valid. Since the results of the elec- tion may ' depend on the counting of the four challenged. ballots de- clared valid, we shall direct that they be opened and counted. 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to,ascertain representation for the purposes of collective bargaining with Wood Flong Corporation, Hoosick Falls, New York, the Re- gional Director for the Second Region shall, pursuant to the Rules and Regulations of the Board, set forth above, and subject to Article III, Section 10, of said Rules and Regulations, within ten (10) days from the date of this Direction, open and count the ballots of Albert Met- calfe, Edward F. Schmigel, Frank McShane, and Peter Whittet, and thereafter prepare and cause to be served upon the parties in this pro- ceeding a Supplemental Election Report, embodying therein his find- ings and his recommendations as to the results of the balloting. 513024-43-vol. 47-24