The Medart Co.

THE MEDART COMPANY 595 truck drivers or other maintenance employees to the shoe factory and bills it for their working time. All employees are eligible for mem- bership in The Wolverine Mutual Benefit Association, conducted exclusively by employees. As noted above, the last contract between the parties, under which they bargained for about 2 years, covered production and maintenance employees at all the Rockford plants. No other labor organization seeks to represent any of the employees at any of the plants involved herein. Although the Employer seeks the exclusion of the power- house employees from any unit found appropriate herein, the Board has repeatedly found that powerhouse employees may properly be included in such a production and maintenance unit 10 Under these circumstances, we find that the multiplant unit sought by the Peti- tioner constitutes an appropriate unit 11 We find that the following employees of the Employer constitute a single unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's Rockford, Michigan, shoe factory, tannery, warehouse, and powerhouse, excluding office clerical employees, salesmen and truck drivers, professional employees, watch- men, guards, and supervisors. [Text of Direction of Election omitted from publication in this volume.] a0 Ford Motor Company, Aircraft Engine Division, 96 NLRB 1075. 11 Oregon Portland Cement Company , 83 NLRB 675. THE MEDART COMPANY, FRED MEDART DIVISION and DISTRICT No. 9, INTERNATIONAL ASSOCIATION OF MACHINISTS , AFL, PETITIONER. Case No. 14-RC-1128. December 18, 1951 Supplemental Decision and Certification of Representatives On September 13, 1951, pursuant to a Decision and Direction of Election issued by the Board herein on August 17, 1951,1 an election by secret ballot was conducted under the direction and supervision of the Regional Director for the Fourteenth Region, among the em- ployees in the voting group described in the Decision. At the conclusion of the election, a tally of ballots was issued and served upon the parties. The tally shows that there were approxi- mately 35 eligible voters, and that 34 cast ballots, of which 8 were for 1 95 NLRB No. 153. 97 NLRB No. 85. 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Petitioner, 3 were for United Electrical, Radio & Machine Workers Amalgamated, Local 810, herein called the Intervenor, and 23 were challenged. As the challenged ballots were sufficient in number to.affect the results of the election, the Regional Director investigated the chal- lenges and, on October 31; 1951, issued and duly served upon the parties his report and recommendation on challenged ballots, in which he recommended that all the challenges be sustained. Thereafter, the Intervenor filed timely exceptions to the Regional Director's report. The Petitioner challenged 23 voters on the ground that they were not within the unit which, the Board found, might be appropriate. The Board's Decision described this unit as consisting of all die mak- ers, die maker helpers, machinists grades A and B, and maintenance machinists. The evidence at the representation hearing showed that these were the only employees who had the skills of the machinist craft. The challenged voters, who, the Intervenor contends, should be included in the unit, comprise various kinds of machine operators, assemblers, bench hands, and maintenance men. These are not ma- chinists and are not customarily included in a machinist craft group. They were not included in our unit description and therefore were not eligible to vote. Accordingly, we adopt the recommendation of the Regional Director and sustain the challenges to their ballots. In its Decision and Direction of Election, the Board made no final determination as to the appropriate unit, pending the outcome of the election. The Board now finds that all die makers, helpers, machinists grades A and B, and maintenance machinists, at the Employer's St. Louis, Missouri, plant, excluding office and clerical employees, watch- men, guards, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. As the Petitioner has secured a majority of the valid ballots cast in the election, we shall certify it as the bargaining representative of all employees in the appropriate unit. Certification of Representatives IT IS HEREBY CERTIFIED that District No. 9, International Association of Machinists, AFL, has been designated and selected by a majority of all employees in the unit found appropriate above, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all employees in such unit for the purposes of collec- tive bargaining with respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. CANADA DRY GINGER ALE , INCORPORATED 597 MEMBERS REYNOLDS and STYLEs took no part in the consideration of the above Supplemental Decision and Certification of Representatives. CANADA DRY GINGER ALE, INCORPORATED and LOCAL 153, OFFICE EM- PLOYEES INTERNATIONAL UNION, AFL, PETITIONER. Case No. °3-R6-3668. December 19, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before George Turitz, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial 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 organizations involved claim to represent employees of the Employer 2 3. No 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, for the following reasons: Since about 1941 the Employer has executed contracts with the In- tervenor covering the office employees sought by the Petitioner in this case. During the period before 1948, these contracts contained union- security clauses. However, in the 1948 agreement, which extended the then existing agreements to July 1, 1949, and contained a 60-day automatic renewal clause, it was provided that "Article II and any other reference to Union Shop shall not become operative unless and until the Union shall deliver to Canada Dry under and pursuant to Section 9 E of the Taft Hartley law a certificate authorizing the Union to make an agreement with Canada Dry Ginger Ale, Incorporated re- quiring membership in the Union as a condition of employment." This contract was apparently renewed until 1950. On August 22, 1950, the contracting parties executed a new agreement, to extend 1 The Employer's name appears in the caption as amended at the hearing. 2 American Federation of Office Employees , Local 20940 , AFL, herein called the Inter- venor, was properly permitted to intervene on the basis of its existing contract with the Employer. 97 NLRB No. 42. 980209-52-vol. 97-39