108 NLRB 309

Mendon Co.

Last amended: 1954Year: 1954Length: 778 wordsOfficial source
MENDON COMPANY, R.B.M. DIVISION 309 On the other hand , since there has been a history of separate collective bargaining for the warehouse stevedores, a unit limited to such stevedores may also be appropriate. In ac- cordance with the Board policy in cases of this type, we shall direct separate elections among the following groups of em- ployees of the Employer: (a) All production and maintenance employees employed by the Employer at its plants in Guayanilla, Puerto Rico, including all railroad and maintenance -of-ways employees , but excluding all other employees , warehouse stevedores , executive, ad- ministrative , and professional employees , office clericals, foremen, timekeepers , guards , watchmen, and all supervisors as defined in the Act. (b) All warehouse stevedores employed by the Employer at its warehouses in Guayanilla , Puerto Rico , excluding all other employees , executive , administrative , and professional em- ployees , office clericals, foremen, timekeepers , guards, watch- men, and all supervisors as defined in the Act. If either the Petitioner or the Intervenor receives the majority of the votes in each of the above voting groups , the two voting groups together will constitute a single appropriate unit. If the majority in the two voting groups vote for different rep- resentatives , the employees in such voting groups will con- stitute separate appropriate units. The Regional Director conducting the elections shall issue to the parties certification of results of the election including certification of repre- sentatives if appropriate. 5. As the record shows that the work of the employees sought to be represented is seasonal in nature , we shall direct that the elections be held at or about the seasonal peaks on dates to be determined by the Regional Director among the employees in the above voting groups who are employed during the payroll periods immediately preceding the date of the issuance of the notices of election by the Regional Director. [Text of Direction of Elections omitted from publication .] Member Beeson took no part in the consideration of the above Decision and Direction of Elections. MENDON COMPANY, R.B.M. DIVISION and UNITED STEEL- WORKERS OF AMERICA, CIO and INTERNATIONAL AS- SOCIATION OF MACHINISTS, AFL, Petitioners. Cases Nos. 9-RC-2046 and 9-RC-2047. May 3, 1954 ORDER AMENDING DECISION AND DIRECTION OF ELECTIONS On April 20 , 1954 , the Board issued a Decision and Direction of Elections ' in the above -entitled proceeding. 1108 NLRB 310. 108 NLRB No. 110. 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY ORDERED that footnote 7 of the aforesaid Decision and Direction of Elections be, and it hereby is, amended by striking therefrom the language as written and substituting therefor the following language: 'If the votes are pooled , they shall be accorded their face value. IT IS FURTHER ORDERED that the Decision and Direction of Elections, as printed , shall appear as hereby amended. By direction of the Board: Ogden W. Fields, Associate Executive Secretary. MENDON COMPANY, R.B.M. DIVISIONI,and UNITED STEEL- WORKERS OF AMERICA, CIO and INTERNATIONAL ASSO- CIATION OF MACHINISTS, AFL, Petitioners. Cases Nos. 9-RC-2046 and 9-RC-2047 (Consolidated). April 20, 1954 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Bernard Marcus , 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 these cases , the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act.2 2. The labor organizations involved claim to represent certain employees of the Employer. 3. Questions affecting commerce exist concerning the repre- sentation of employees of the Employer within the meaning of Section 9 ( c) (1) and Section 2 (6) and ( 7) of the Act. 4. The appropriate units: In Case No . 9-RC-2046 , United Steelworkers of America,. CIO, herein called the Steelworkers , seeks to represent a pro- duction and maintenance unit , including tool and die workers. In Case No . 9-RC-2047, International Association of Machinists, AFL, herein called the Machinists , seeks to represent a unit of tool and die makers, die repairmen , machinists , and tool crib attendants . Local NB-1080 , International Brotherhood of Elec- trical Workers , AFL, herein called the Electricians , agrees with the Steelworkers that a production and maintenance unit is appropriate.3 1 The Employer's name appears as amended at the hearing. 2 Essex Wire and Associated Machines, Inc., 107 NLRB No. 250. 3Although notified of the hearing, the Employer did not appear. Its unit position is unknown. 108 NLRB No. 68.