Alma Trailer Co.

In the Matter of ALMA TRAILER COMPANY, EMPLOYER and RUBY SIMP- SON, PETITIONER and DISTRICT 50, UNITED MINE WORKERS OF AMER- ICA, LOCAL UNION No. 13215 Case No. 7-RD-41.-Decided June 27, 194.9, DECISION AND DIRECTION OF ELECTION Upon a petition for decertification duly filed, a hearing was held before Harold L. Hudson, hearing officer for the National Labor Re- lations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. It is the position of the Petitioner that the Union is no longer the bargaining representative of the employees of the Employer as defined in Section 9 (a) of the Act. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the amended Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All hourly paid employees employed at the Employer's Alma, Mich- igan, plant, excluding salaried employees, office and clerical help, plant- protection employees, and supervisors. DIRECTION OF ELECTION' As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by 3 The Union has not complied with the filing requirement of Section 9 (f), (g), and (h) of the Act Accordingly, if the Union wins the election, and it has not then compiled, the Board will certify only the arithmetical results. Matter of Burry Biscuit Corporation, 76 N. L. R. B. 640. 84 N. L. R. B., No. 68. 561 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD secret ballot shall be conducted as early as possible , but not later than 30 days from the date of this Direction , under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also ex- cluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by District 50, United Mine Workers of America, Local Union No. 13215. V