Leonard and Baker Stove Co.

In the Matter of LEONARD AND BAKER STOVE T COMPANY and INTERNA- TIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA (AFL) LOCAL No. 39 Case No. 1-R-1584 SUPPLEMENTAL DECISION AND DIRECTION Decided December N2, 1948 On October 26, 1943, 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 November 15, 1943, under the direction and supervision of the Regional Director for the First Region (Boston, Massachusetts). On November 20, 1943, the Regional Director, acting pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued a Report on Ordered Election, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Approximate number of eligible votes----------------------- 61 Total ballots cast ----------------------------------- -__------ 60 Total ballots challenged--------------!--------------------- 5 Total void ballots------------------------------------------ 1 Total valid votes counted----------------------------------- 54 Votes cast for International Molders and Foundry WQrjcers Union of North America, Local No. 39 (A. F. of L.) ---------- 22 Votes cast for International Brotherhood of Foundry Employees ----------------------------------------------- 29 Votes cast for neither--------------------------------------- 3 In view of the fact that the counting of the challenged ballots was essential for the determination of the results of the election, the Re- gional Director investigated their validity and incorporated his find- ings and recommendations in the Report on Ordered Election. He recommended that all of the ch,,t,11 'nged&ballots-be' counted. 1 53 N L R. B. 99 54 N. L. R. B., No. 2. 12 LEONARD AND BAKER STOVE COMPANY 13 On November 24, 1943, International Molders and Foundry Work- ers Union of North America, Local No. 39 (A. F. of L.), herein called the Molders, filed exceptions to the Report on Ordered Election, con- tending that the Regional Director erred in recommending that the challenged ballot of Joseph Vargas be counted. On November 26, 1943, International Brotherhood of Foundry Employees, herein called the Brotherhood, also filed exceptions to the Report on Ordered Elec- tion, contending that the Regional Director erred in recommending that the challenged ballots of Joseph Vargas, Charles Bourgoine, Stan- ley Jackson, and John B. Doel be counted. Thereafter, on November 29, 1943, the Regional 'Director's Report on Exceptions to Recom- mendations on Challenged Ballots was issued and duly served upon the parties, in which the Regional Director, having considered the exceptions filed by the Molders and the Brotherhood, reaffirmed his recommendations,-except as to the challenged ballot of Joseph Vargas, reporting that it should not be counted. Upon the Report on Ordered Election, the exceptions filed thereto, the Report on Exceptions to Recommendations on Challenged Ballots, and the entire record in the case, the Board makes the following sup- plemental findings, of fact with respect to the challenged ballots : Joseph Vargas was challenged at the polls by the Molders and the Brotherhood, on the grounds that he is a clerical employee, and that he is not employed at the main plant. Although employed in the shipping room at the barn, Vargas' duties are largely clerical ; the makes tags, labels, and bills of lading for the shipment of stoves and repair parts, such duties being different from those of the other shipping room employees. We are of the gpinion that Vargas is a clerical employee; and since clerical employees were expressly excluded from the ap- propriate unit, we find that he was ineligible to vote and that his ballot should riot,be counted. Charles Bourgoine, Stanley Jackson, and John B. Doel were chal- lenged at the polls on the ground that they did not work at the main plant. These employees work in a barn-about 2 miles from the main plant where certain accessories and fixtures involved in the manufac- turing and assembling of stoves are sent for machining and finishing. After.,the. operations ;are cooxnp`leted, the articles are shipped back to the main plant. The employees at the barn work the same hours and are on the same pay roll as the employees of the main plant. The Brotherhood further contends that the Company furnished it with a list of eligible employees before the election, which did not include the names of those employed at'the barn. In a sworn statement, sub- mitted by the Company on November 27, 1943, it appears that the clerk who prepared the list was under the erroneous impression that said list was to contain only the names of persons employed at the main plant. In view of the fact that the unit in the Board's Decision and 14 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD Direction of Election, included "all employees of, the Company . . , we find no merit to the-conten'tion-that employees at the barn were not eligible to vote. We find, therefore, that the ballots of Charles Bourgoine, Stanley Jackson, and John Doel are valid. Joseph H. Grace, Jr., was challenged at the polls on the ground that he works for the Rehoboth Porcelain Enamel Company, herein called the Rehoboth Company. Grace is listed on the Company's pay roll under the category of "trucking." He has been an employee of the Company ; for l9 years.in variousScapacities;a4d,during the last year has driven a truck owned by the Rehoboth Company between the lat- ter's plant and that of the Company, spending about equal time at both places. At a Board hearing, on November 10, 1943, involving the Rehoboth Company,2 the Brotherhood, which challenged Grace's vote, agreed to his exclusion from a bargaining unit comprised of employees of the Rehoboth Company, on the ground that he was not an employee of that company. ' In view of the foregoing, the Board rejects the Brotherhood's contention, and agrees with the recommendation of the Regional Director. We find, therefore, that his ballot is valid. ' For reasons indicated above, we conclude and find that Charles Bour- goine, Stanley, Jack son, John B., D,,oel,, and,, Joseph,H. Grace, Jr,, were eligible to vote in the election and their ballots are hereby declared valid. Since the results of the election may depend upon the count of the four challenged ballots declared 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 3, it is hereby DIRECTED that, as part' of The investigation to ascertain representa- tives for the purposes of collective bargaining with Leonard and Baker Stove Company, Taunton, Massachusetts, the Regional Director for the First Region shall, pursuant to the Rules and Regulations of the Board set forth above, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, within ten (10) days from the date of this Direction, open and count the1ballots of Charles Bourgoine, Stanley Jackson, John B. Doel, and Joseph H. Grace, Jr., and there- after prepare and cause to be served upon the parties in this proceeding a Supplemental Election Report,, embodying therein his findings and his recommendations as io the results of the balloting. MR. GERARD D. REILLY took no part'in the consideration of the above Supplemental Decision and Direction. 2 Matter o f Rehoboth Porcelain Enamel Co, Case No. 1-R-1636, 53 N. L. R. B. 1244.