108 NLRB 309
Mendon Co.
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.