Otis Steel Products Co.

624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD OTIS A. SPRINGS , JR., D/B/A OTIS STEEL PRODUCTS Co. and UN1rEn STEELWORKERS OF AMERICA , CIO, PETITIONER . Case No. 3-RC-735. July 2,1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William J. Cavers, 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 Act, the Board has delegated its powers in connection with this case to a three-member- panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. - 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 96 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance em- ployees at the Employer's steel shelving manufacturing plant, Elli- cottville, New York, excluding all office clerical and professional employees, guards, and supervisors as defined in the Act. 5. The Employer is engaged in the manufacture of industrial steel shelving products at its Ellicottville, New York, plant, the only plant involved in this proceeding. The instant petition was filed May 31,, 1951. Since that date,. all but 3 or 4 of the Employer's. approximately 30 production and maintenance employees have been out on strike. The Employer contends that the payroll period immediately pre- ceding the date of the issuance of the Direction of Election herein should determine eligibility to vote in the election. The Petitioner urges that, because of the strike, the eligibility period should be the payroll period immediately preceding the filing of the petition. We find no reason to warrant departure from the Board's usual policy in such cases.2 We shall adopt the usual eligibility language in our ' The petition and other formal papers were amended at the hearing to show the correct name of the Employer. 2 Frank Foundries Corporation, 92 NLRB 1754, and cases cited therein. 95 NLRB 67. PAN AMERICAN REFINING CORPORATION 625 Direction of Election. All persons hired since May 31, 1951, the date of the strike, and all strikers shall be presumptively 3 eligible to vote, subject to challenge. Approximately five production and maintenance employees work on a part-time basis. The Employer takes the position that they have a sufficient interest in bargaining conditions at the plant to make them eligible to vote in the election. The Petitioner disagrees. It is not clear in the record whether the part-time employment is casual or regular. Regular part-time employees are eligible to vote; casual em- ployees are not eligible.4 Part-time employees may vote subject to challenge. Challenged ballots shall not be counted unless they affect the re- sults of the election, in which event the question as to which of these ballots shall be opened and counted will await a further investigation concerning the employment status of the affected individuals. [Text of Direction of Election omitted from publication in this volume.] 8 Nothing in this Decision should be construed as Indicating that the Board has prejudged any of the questions which may be drawn into issue by a challenge to the eligibility of certain voters , including such questions as to whether ( 1) a new employee is a permanent replacement, (2) an employee who went on strike has been validly replaced, or (3) any emplDyee's position no longer exists by reason of its permanent discontinuance for economic reasons. The Pipe Machinery Company, 76 NLRB 247. 4The Morrison Milling Company , 83 NLRB 800. PAN AMERICAN REFINING CORPORATION and ASSOCIATED GUARDS OF GALVESTON COUNTY, PETITIONER. Case No. 39-RC-f292. July 26, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clifford W. Potter, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. I The motion of Oil Workers International Union, CIO, Local 449, hereinafter called the Intervenor, to dismiss the petition is denied. It is not the Board 's function in a representation proceeding to pass upon the question of whether or not the property rights of the parties will be affected by the action taken herein . Boston Machine Works Com- pany, 89 NLRB 59. 95 NLRB No. 71.