Frank Ix & Sons Pennsylvania Corp.

In the Matter of FRANK Ix c'&SONS PENNSYLVANIA CORPORATION, EMPLOYER and TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER Case No.4-RC-406.-Decided July 29, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before John H. Wood, Jr., hearing officer. 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 National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members. Houston 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. The Petitioner is a labor organization claiming to represent employees of the Employer. 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 Act. 4. In substantial accord with the agreement of the parties, the following employees of the Employer at its New Holland, Pennsyl- vania, operations, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees, including examiners, cafeteria workers, and shipping and receiving clerks, but excluding office and clerical employees, outside employees,' watchmen,' the nurse, and all supervisors as defined in the Act. 1 This category embraces the carpenters, presently three in number , who spend almost all their time servicing and maintaining the houses which the company rents to its employees. 2 The watchmen , who were hired pursuant to the Employer 's fire insurance policy, spend all their time patrolling the plant , primarily to guard against fire, but also to protect the Employer's property against vandalism, theft , and other damage . We there- fore -find that they are guards within the meaning of Section 9 ( b) (3) of the amended Act and we shall, contrary to the contention of the Petitioner , exclude them from the unit. Matter of C. V. Hill ci Company, Inc., 76 N. L. R. B. 158 . Cf. Matter of Georgia Ferti .lizer Company, 83 N. L. R. B., No. 21. 85 N. L . R. B., No. 83. 492 FRANK IX & SONS PENNSYLVANIA CORPORATION 493 5. The determination of representatives : The Employer requests that employees in the armed forces who fall within the appropriate unit and who are entitled to reinstatement under the Selective Service Act be afforded an opportunity to cast ballots by mail. The Petitioner has indicated agreement with the Employer's position. There is no adequate or accurate data in the record, however, as to the present addresses of any of the approxi- mately 10 unnamed employees who are asserted to be on military leave. All that appears therein is the acknowledgement by counsel for the Employer that soldiers "do move about" and the statement by him that "we think . . we can obtain their whereabouts at the time that the ballots would be mailed to them. . . ." In view of the foregoing, we are of the opinion that the conditions under which mail balloting may be allowed, as set forth in platter o l South West Pennsylvania Pipe Lines,-' have not here been met. - Consequently, we shall allow only those employees in the armed forces of the United States who present themselves in person at the polls to vote.' We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by 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 Fourth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the unit found appro- priate 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, and including employees in the armed forces of the United States 3 64 N . L. R. B. 1384. See Matter of Tennessee Coal, Iron S Railroad Company, 65 N. L. R. B. 1416. 494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who present themselves in person at the polls, 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 excluding employees on strike who are not entitled to reinstate- ment, to determine whether or not they desire to be represented by Textile Workers Union of America, CIO, for the purposes of collec- tive bargaining.