The Electric Controller & Manufacturing Co.

In the Matter of THE ELECTRIC CONTROLLER & MANUFACTURING COM- PANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. - Case No. 8-R-2047 SECOND SUPPLEMENTAL DECISION AND DIRECTION October 23, 1946 On August 29, 1946, pursuant to the Decision and Direction of Election issued by the Board on August 6, 1946,1 and the Supplemental Decision thereto issued on August 2, 1946, elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio), with respect to a clerical unit 2 and an engineering unit, respectively. Upon the con- elusion of the election in the engineering unit, the Regional Director issued and duly served upon the parties to the election his Report on Challenged Ballots, setting forth the results of the election. These results were as follows : Approximate number of eligible voters-- ----------------------------- •2 0 Void ballots-------------------------------------------------------- 0 Votes cast for United Electrical Radio & Machine Workers of America, C. L 0----------------------------------------------------------- 6 Votes cast against participating labor organization-------------------- 2 Challenged ballots-------------------------------------------------- 9 In his Report on Challenged Ballots, the Regional Director recom- mended that the nine challenged ballots cast by eight student engineers and one special sales engineer be opened and counted. Thereafter, the Union filed "Objections" to the Report on Challenged Ballots. The Employer, subsequently filed an answer to the Union's "Objections" to the Report on Challenged Ballots. In its "Objections" to the Report on Challenged Ballots, the Union, although admitting the eligibility of five of the student engineers whose ballots it had challenged, contends that three of such student engineers are ineligible by reasoni of the fact that they are now train- 69 N. L. R B. 1242. z The election with respect to the clerical unit is not involved in the present decision. 71 N. L. R. B., No. 60. 410 THE ELECTRIC CONTROLLER & MANUFACTURING COMPANY 411 ing for engineering positions not included in the appropriate unit. So far as the remaining challenge to the ballot of the special sales engineer is concerned, the Union maintains that the special sales en- gineer has duties closely associated with those of application engi- neers, a classification excluded from the appropriate unit, and that because of this fact, he should be found ineligible to vote. In addition to its contentions with respect to the challenged ballots, the Union also claims that insufficient notice of the election date together with a failure to make provision for the casting of absentee ballots renders. the election in the engineering unit "null and void." With respect to the eligibility of student engineers, the Board, in its Supplemental Decision, expressly included such employees with- in the unit, notwithstanding the fact that, as noted by the Board, "student engineers upon termination of the training period, may be assigned to regular engineering positions not included in the appro- priate unit." In conformance with this Supplemental Decision, we find that the eight student engineers herein concerned were eligible to vote in the election. Accordingly, we hereby overrule the challenges to their ballots and shall direct that they be opened and counted. As regards the eligibility of the special sales engineer, evidence as to the duties and authority of this employee was introduced at the hearing and considered by the Board in its determination of the ap- propriate unit, the general terms of which include the special sales engineer. This evidence indicates a substantial difference between the authority of the special sales engineer and that of the excluded group of application engineers. We find that the special sales engineer was properly a part of the appropriate unit and was eligible to vote in the election. We therefore overrule the challenge to his ballot and shall direct that it be opened and counted. There remains for consideration the contention of the Union that the election is "null and void" because of alleged errors in the election procedure. So far as the question of notice of the election date is con- cerned, it appears that the Union had notice from the date of the Deci- sion and Direction of Election that an election in each unit would be conducted within 30 days from the date of the Decision and Direction of Election. The fact that the Union thereafter filed a motion to clarify the status of student engineers in the engineering unit, which motion resulted in the issuance by the Board of its Supplemental Deci- sion 2 days before the'date of the election, did not alter the situation or relieve the Union of its obligation to make timely preparation for the election. The further assertion of the Union that the omission to pro- vide for the casting of absentee ballots was prejudicial error, is without merit, in the absence of a showing that such provision was reasonably necessary in the circumstances, and particularly since the election re- 412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD suits show that 17 ballots were cast from among a total of approxi- mately 20 eligible voters, leaving only about 3 employees who might have been affected by the failure to provide for absentee balloting. We find that the Union's objections regarding the election procedure do not raise substantial or material issues with respect to the conduct of the election; accordingly, we hereby overrule them. Since the election results indicate that the nine ballots, the challenges to which have been overruled, are sufficient in number to affect the results of the election, 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 Section 203.54 of National Labor Relations Board Rules and Regulations-Series 4, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Electric Controller & Manufacturing Company, Cleveland, Ohio, the Regional Director for the Eighth 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 Blaise Jackewiez, Calvin B. Sanborn, Jr., Henry Jalen, Charles Schurr, Charles L. McCord, Gerald S. Stefey, John Leightly, William H. Krenkel, and Harry S. Richardson, and shall thereafter prepare and cause to be served upon the parties a Supplemental Tally of Ballots, including the count of these challenged ballots. CHAIRMAN HERZOG took no part in the consideration of the above Second Supplemental Decision and Direction.