Dedman Foundry & Machine Co.

In the Matter of DEDMAN FOUNDRY & MACHINE COMPANY and UNITED STEELWORKERS OF AMERICA, CIO In the Matter of DEDMAN FOUNDRY & MACHINE COMPANY and UNITED BROTHERHOOD OF WELDERS, CUTTERS AND HELPERS OF AMERICA Cases Nos. R-5598 and R-5299 respectively SUPPLEMENTAL DECISION , CERTIFICATION OF REPRESENTATIVES AND SECOND DIRECTION OF ELECTION September 14, 1.91E3 On June 30, 1943, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceeding,' and on July 30, 1943, issued an Amendment to Direction of Elections. Pursuant to the Direction of Elections and the Amendment to Direc- tion of Elections , elections by secret ballot were conducted on August 4, 1943, under the direction and supervision of the Regional Director for the Sixteenth Region (Fort Worth, Texas ). On August 6, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Report on Ordered Elections. As to the balloting and its results, the Regional Director reported as follows : A. Welders Total on eligibility list-------------------------------------- 12 Total ballots cast------------------------------------------- 12 Total ballots challenged------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes counted------------------------------------ 12 Votes cast for United Brotherhood of Welders, Cutters and Helpers of America -------------- ---------------------- 5 Votes cast for United Steelworkers of America, affiliated with CIO -------------------------------------------------- 7 Votes cast for neither ------- ---------------- ------------- 0 150 N. L. R. B. 1019. 52 N. L. R. B., No. 104. 609 610 DECISIONS OF NATIONAL LABOR R'ELATIONS' BOARD B Machinists Total on eligibility list______________________________________ 10 Total ballots cast--------- -- --------------------- -- - 9 Total ballots challenged_____________________________________ 0 Total void ballots 0 Total valid votes counted 9 Votes cast for United Steelworkers of America, CIO___________ 1 Votes cast for International Association of 'Machinists -________ 8 Votes cast for Int'l Molders & Foundry Workers Union of N. A. (AFL) -------------------------- ----------------------- 0 Votes cast for none------------------------------------------ 0 C. Remaining production and maintenance employees Total on eligibility list______________________________________ 181 Total ballots cast------------------------------------------- 146 Total ballots challenged_____________________________________ 0 Total void ballots ------------------------------------------- 0 Total valid votes counted___________________________________ 146 Votes cast for United Steelworkers of America, CIO ----------- 85 Votes cast for Int'l Molders & Foundry Workers Union of N. A. (AFL) ------------------------------- ------------- 60 Votes cast for neither--------------------------------------- 1 On August 9, 1943, the International Molders & Foundry Workers Union of North America, affiliated with the American Federation of Labor, herein called the Foundry Workers,2 filed Objections to the Conduct of the Ballot and Election Report, which are substantially as follows : ' 1. The fact that the official ballots were not in all respects exact copies of the sample ballots displayed in the election notices confused the employees. 2. The Foundry Workers had made no claim to represent the em- ployees voting in the "B" group, and the fact that the Foundry Work- ers' name appeared on the "B " ballot caused misunderstanding among the employees and prejudiced them against the Foundry Workers. 3. The Foundry Workers renews the contention that its bargain- ing agreement with the Company is a bar to the election. On August 20, 1943, the Regional Director issued and duly served on the parties his Report on Objections to Conduct of the Ballot and Election Report, in which he found that the objections raise no sub- stantial or material issues, and recommended that the Board issue the appropriate Certifications of Representatives. Having considered the Objections and the Regional Director's report thereon, we disagree with the finding that the first objection listed above has no merit. We agree that there is no merit in the remaining objections. Prior to the elections there were posted on the premises of Dedman 2 International Association of Machinists and United Steelworkers of America, affiliated with the Congress of Industrial Organizations, are herein called' respectively, the I. A. M., and the , Steelworkers. , DEDMAN FOUNDRY- & MACHINE COMPANY 611 Foundry & Machine Company, herein called the Company, election notices which displayed sample ballots, designated respectively as "A", "B", and "C". These ballots corresponded to the three groups of employees among whom elections were to be held. Since no objection has been filed with respect to the election among the employees in group "A", it is unnecessary to discuss the balloting therein. Through inadvertence, 225 official ballots, providing for a choice among the I. A. M., the Steelworkers, the Foundry Workers, or none, were pre- pared which bore the designation "C" instead of "B", and 50 official ballots, providing for a choice among the Steelworkers, the Foundry Workers, or neither, were prepared which bore the designation "B" instead of "C". Iii order to correct the ballots improperly designated, and in order for there to be sufficient ballots for the employees in group "C", numbering approximately 181, the Board agent and observers of the various parties agreed on a procedure which was used in the elec- tions. As there were only 9 eligible employees in group "B" who pre- sented themselves at the polls, they were handed ballots from the lot of 225 which correctly provided for 4 places, and on which the desig- nations were changed by pencil marking from "C" to "B".3 By using a red peniil to scratch out the first choice, which contained the name of the I. A. M., the balance of the lot of 225 ballots were given to the voters in group "C", along with the 50 ballots, designated "B", which were changed to "C", and which properly contained 3 places. The Regional Director reports that the agent for the Board read to each eligible voter the corrected ballot and pointed out to each the name, affiliation, and square of the respective selections. Notwith- standing that it agreed to the corrective measures employed to con- form the official ballots to the sample ballots, and notwithstanding the precautions taken by the agent of the Board, the Foundry Workers now contends that it was prejudiced by the conduct of the ballot. The Foundry Workers alleges that some of the voters were lacking in suf- ficient education to accurately ballot by the use of printed instructions, and that in order to avoid any possible misunderstanding on the part of the employees it had instructed them to designate and vote in the second square of ballot "C". It further alleges that a substantial num- ber of the employees faithfully followed these instructions, and, not- withstanding that the first square on ballot "C" had been scratched through, such employees checked the second square, which contained the name of the Steelworkers rather than the name of the Foundry Workers. Since, under the circumstances herein, there is no way to be certain that some of the employees were not confused or misled by the cor- rected ballots, we are of the opinion that the doubt can best be resolved a One ballot was not changed from "C" to "B" However, as the vote thereon was cast foi the I A. Al., the parties agreed that'it should be credited to the I. A. M. 549875-44-vol. 52-40 612 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD by a second election.4 ' We shall, therefore, order a second election among the employees in group "C", who were employed during the pay- roll period immediately preceding the Direction of Election herein. Although the Foundry Workers now takes the position that its name should not have appeared on the ballots for the "B" group, we point out that at no time prior to the election did it ask to have its name withdrawn. In any event we find that the Foundry Workers was not prejudiced by the appearance of its name on the ballot. Since no objections have been raised by any of the other parties, we shall not direct a new election in group "B". In the Decision and Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units. Inasmuch as the employees in group "A" have selected the Steelworkers as their representative, and inasmuch as the Steelwork- ers remains on the ballot in the second election among the employees in group "C", we can make no unit finding as to group "A" until after the results of the second election are obtained. We can, however, make a final determination as to group "B" since a majority in that group has selected the I. A. M. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all machinists, including all employees in the machine shop except pattern makers, electricians, porters, and truck drivers, an°d including maintenance and repair machinists and test bar men, but excluding all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. 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 Relations 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 OERTIFIED that International Association of Machinists has been designated and selected by a majority of the machinists of Dedman Foundry & Machine Company, Houston, Texas, including all employees in the machine shop except pattern makers, electricians, porters, and truck drivers, and including maintenance and repair machinists and test bar men, but excluding all supervisory em- 4 The Foundry workers requests that a second election not be held However, the objection to the conduct of the ballot in group "C", which we found above to have merit, necessarily requires that a second election be held in that group. The request Is hereby denied. DEDMAN FOUNDRY & MACHINE COMPANY 613 Tloyees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, International Association of Machin- ists is the exclusive representatve of all such employees for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. DIRECTION OF ELECTION 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 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Dedman Foundry & Machine Company, Houston, Texas, an` election by secret ballot shall be conducted as early as possible, but not later than fifteen {15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, among the production and maintenance employees who were employed during the pay-roll period immediately preceding the date ,of this Direction, including pattern makers, electricians, porters, and truck drivers, and including such employees who did not work during said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- -eluding officials, office and clerical employees, watchmen, welders, cut- ters or burners, and those employees regularly employed. as their helpers, machinists, maintenance and repair- machinists, test bar men, all employees in the machine shop not specifically included herein, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, and excluding any who have since quit or been discharged for cause, to determine whether they de- sire to be represented by United Steelworkers of America, affiliated with the Congress of Industrial Organizations,- or by International Molders & Foundry Workers of North America, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining, or by neither. CHAIRMAN Mulls took no part in the consideration of the above Supplemental Decision, Certification of Representatives and Second Direction of Election.