Bendix Aviation Corp.

In the Matter of BENDIx RADIO DIVISION OF BENDIX AVIATION CORP. and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. In the Matter of BENDIX RADIO DIVISION OF BENDIx AVIATION CORP. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO Cases Nos. 5-R-173° and 55-R-1782, respectively SECOND SUPPLEMENTAL DECISION AND DIRECTION March 29, 1945 On February 21, 1945, the Board issued a Supplemental Decision, Direction , and Certification of Representatives in the above -entitled proceeding,' directing, inter alia, that the Regional Director open and count certain challenged ballots, and prepare and serve upon the parties a Supplemental Tally of Ballots, including therein the count of said challenged ballots. Accordingly , the Regional Director opened and counted the ballots declared valid by the Board, and fur- nished the parties a Revised Tally of Ballots which shows the following : Approximate number of eligible voters ____________________ 2,860 Votes cast for International Association of Machinists, A. F. of L., herein called the IAM ----------------------- 1,188 Votes cast for United Electrical, Radio & Machine Workers of America, CIO, herein called the UE ------------------ 873 Votes cast against participating labor organizations------ 315 Valid votes counted_______________________________________ 2,376 Unopened challenged ballots______________________________ 6 In its Supplemental Decision of February 21, 1945, the Board further provided'that: If after counting the challenged ballots declared valid the results of the election are not conclusive, we shall then act upon the six unopened challenged ballots. Since the six unopened challenged ballots were sufficient in number to affect the results of the election, the Regional Director investigated 160 N. L. R B. 839. 61 N. L. R. B., No. 15. 142 BENDIX RADIO DIVISION 143 the issues raised by the challenges and, on March 6, 1945, prepared and duly served upon the parties a, Supplemental Report on Challenges and Report on Objections in which he recommended, inter alia, that the ballots of John Nelson, Donald Smith, George Volz, and Andrew W. Snyder be declared valid and opened, and that the challenges be sus- tained with respect to the ballots of Hazel Basler and Bernice Bass: The UE filed Exceptions to Regional Director's Supplemental Report on Challenges and Report on Objections in which it excepted to all but one of the Regional Director's recommendations,. contending that the challenges to the ballots of Nelson, Smith, Volz, and Snyder should be sustained, and that the challenge to the ballot of Bass should be overruled.2 The UE agrees that Basler's ballot should be invalidated. No Exceptions were filed by the IAM or the Company. The challenged ballots will be considered separately. John Nelson, Clock No. 95008, is classified as an accumulator in De- partment 95, known as the Contract Cancellation Department. He is employed in the warehouse in the Fort Avenue plant performing duties which are predominantly manual. He receives and prepares material for delivery to the assembly line or for shipment to outside contractors, marks, counts, wraps, piles and places material on shelves, loads stock on four- and two-wheel trucks which he pushes to the ele- vator for delivery to the assembly line, keeps stock records, and main- tains a perpetual inventory. It is clear that Nelson's interests and duties are closely allied with those of production employees, although the department in which he is employed is 'a commercial department. Moreover, it appears that his position is comprehended within the job classification of "Storeroom and Stockroom Attendants" listed in the schedule of inclusions attached to our original Decision and Direction of Elections herein.3 We find that Nelson was eligible to vote and the challenge to his ballot will be overruled. Donald Smith, Clock No. 95009, is classified as a material mover em- ployed in the same department as Nelson with whom he works. Smith performs substantially the same duties as Nelson, moving and piling parts and raw materials. Material movers are specifically listed in the schedule of inclusions attached to our original Decision herein. We shall overrule the challenge to his ballot. - 'In our Supplemental Decision, Direction and Certification of Representatives issued on February 21, 1945, we indicated that on February 5, 1945 , the UE filed Objections to the election , and that, by letter dated February 9, the UE notified the Regional Director for the Fifth Region that it would withdraw its Objections if a run-off election were directed. The Regional Director, however, investigated the UE 's Objections and reported thereon in his Supplemental Report. While the UE generally excepts to the Regional Director's conclusion that the Objections do not raise substantial and material issues, it reiterates-its previous posiiton and requests that the Board withhold ruling upon the Objections pending disposition of the six remaining challenged ballots. Consequently, we shall not pass upon the Objections at this time. 3 59 N. L. R. B. 1470. 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD George Volz, Clock No. 81103, is cassified as a stockman "B" in De- partment 81, known as the Finished Stores and Shipment Control Department. His work is closely akin to Nelson's. He receives parts and material which he puts on shelves or in other places, counts, wraps and delivers material and stock wherever needed in the plant, and keeps a record of stock and material handled by him. Since it appears that his interests and duties are closely related to those of production work- ers, and inasmuch as his job is embraced within the classification of "Storeroom and Stockroom Attendants" listed in the schedule of in- clusions attached to our original Decision herein. Volz, we find, was eligible to vote in the election; accordingly, the challenge to his ballot will be overruled. Hazel Basler, Clock No. 81101. The UE is in accord with the Regional Director's recommendation to declare her ballot invalid. In view of the fact that Basler was a clerical employee on the date of the election, we shall sustain the challenge to her ballot.4 Andrew N. Snyder, Clock No. 53010, was promoted on September 18, 1944, from transmitter-tester "A" to assistant foreman and was vested with supervisory authority. On January 8, 1945, prior to the election but subsequent to the eligibility date provided in the Decision and Direction herein,5 he was demoted and returned to the production line as a transmitter-tester "A" because of a reduction in orders. Having been a supervisor on the eligibility date, it is clear that Snyder was not qualified to vote and the challenge to his ballot will be sustained 6 Bernice Bass, Clock No. 56005, was formerly employed in the Inspection Department at the Charles Street plant. On September 22, 1944, she was laid off because of lack of work and was placed upon the Company's "recall" list. On November 20, she was appointed as an emergency employee to the Department of Public Welfare, Balti- more City, with the approval of the City Service Commission of Baltimore City., Representatives of the Department of Public Wel- fare informed the Regional Office that Bass has permanent employ- ment. Thereafter, on December 27, 1944, the Company sent Bass a ccrecall" letter offering her a position which she declined but requested to be retained on the "recall" list. We are of the opinion that Bass' employment with the Department of Public Welfare is such as to render her ineligible to participate in the selection of a bargaining 4 See Matter of Basic Magnesium, incorporated, 56 N. L R. B 412, and Matter of Manganese Ore company, 54 N. L. R. B. 1192. ° The pay-roll period for determining eligibility was December 31, 1944. ° See citations in footnote 3. 7 According to a resolution adopted on April 6, 1944, by the City Service Commission of Baltimore City, "the appointing officer or officers may from time to time, with the approval of the Commission , make emergency appointments to positions for which this Commission has no eligible list ; said emergency appointments to remain in force until this Commission can furnish an eligible list for such positions in accordance with the City 11 Charter and the rules and regulations of this Commission ; . . . BENDIX RADIO DIVISION 145 representative for the Company's production and maintenance em- ployees. The challenge to her ballot will be sustained. We shall, therefore, direct that the ballots of Nelson, Smith, and Volz be opened and counted, and we hereby declare the ballots of Basler, Snyder, and Bass to be invalid. 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, Sections 9 and 10 of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DikECpED that, as part of,the investigation to ascertain representa- tives for the purposes of collective bargaining with Bendix Aviation Corp., Baltimore, Maryland, the Regional Director for the Fifth Region shall, pursuant to said Rules and Regulations, within ten (10) days from the date of this Direction open, and count the challenged ballots of John Nelson, Donald Smith, and George Volz, and shall thereafter prepare and cause to be 'served upon the parties a Second Supplemental Tally of Ballots embodying therein the count of said challenged ballots.