Repcal Brass Manufacturing Co.

4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a substantial portion of the time, substitutes for him, the Regional Director concluded that Foster was a supervisor and recommended that the challenge to his ballot be sustained. The Employer's excep- tions to the Regional Director's recommendation do not go to the factual situation but rather to his conclusion as to Foster's status. Admittedly, Foster is a skilled manual worker, devoting the major part of his workday to work which he performs. His shop responsi- bilities, however, clearly indicate that he is a supervisor within the meaning of the Act' We therefore exclude him from the unit as a supervisor, and sustain the challenge to his ballot. Inasmuch as the Petitioner has received a majority of the valid votes cast, we certify the Petitioner as the exclusive bargaining repre- sentative of all employees in the appropriate unit. [The Board certified International Brotherhood of Electrical Workers, Local Union No. 73, AFL, as the designated collective- bargaining representative of the employees of General Electric Com- pany, Apparatus Sales Division, Service Shops Department, at its shop at South 155 Sherman Street, Spokane, Washington, in the unit found appropriate above.] I Robert C. Matlock d/b/a Owensboro Plating Company, 103 NLRB 993, at 994 REPCAL BRASS MANUFACTURING COMPANY and REPCAL EMPLOYEES ASSOCIATION, PETITIONER. Case No. 21-RC-3465. July 6, 1954 Decision, Order, and Direction of Election Pursuant to a stipulation for certification upon consent election, executed February 25, 1954, an election by secret ballot was conducted on March 9, 1954, under the direction and supervision of the Regional Director for the Twenty-first Region. Upon conclusion of the ballot- ing, a tally of ballots was issued and served upon the parties. The tally shows that of the approximately 263 eligible voters, 222 voted, with 1 being challenged. There were 94 votes cast for UAW-CIO, 52 for Local 700, International Union of Mine, Mill and Smelter Work- ers, Independent, 50 for Repeal Employees Association, Independent, 23 for Metal Trades Council, AFL, and 2 votes cast against the par- ticipating labor organizations. The Repeal Employees Association filed timely objections to the conduct of the election. Thereafter, on March 25, 1954, following an investigation, the Regional Director issued and duly served upon the parties his report on objections and supplemental report on ob- jections, in which he recommended that the objections be sustained. The UAW-CIO filed timely exceptions to the Regional Director's report. 109 NLRB No. 10. REPCAL BRASS MANUFACTURING COMPANY S The Board has considered the Regional Director's report and sup- plemental report, the exceptions, and the entire record in this case and finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (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 mean- ing of Section 9 (b) of the Act: All production and maintenance employees at the Employer's Los Angeles, California, plant, includ- ing shipping and inspection employees, but excluding guards, office clerical and professional employees, and supervisors as defined in the Act. 5. The objections of the Repcal Employees Association to the con- duct of the election held on March 9, 1954, alleged, in substance, that the polls were prematurely closed, thus depriving eligible voters of the privilege of casting their ballots. The Regional Director's investigation reveals that the polling time was scheduled from 2 p. in. to 4 p. in. At about the time of closing the polls one of the Board agents conducting the election asked the election party generally what watch should be used. At the sugges- tion of an unidentified observer, the Board agent's watch was used for the purpose of determining the closing time. The polls were thereupon closed, and the election party moved to another area to count the ballots. The watches of some of the others in the election party, as well as a nearby time clock and an electric wall clock carefully checked for accuracy, established, in the opinion of the Regional Director, that the polls were in fact closed 11/2 to 2 minutes prior to the scheduled closing time. According to sworn statements, at least 1 of the 39 eligible voters who did not vote was prevented from doing so by the early closing. Proper election procedure requires every reasonable precaution that a full opportunity to vote be given those eligible. That oppor- tunity is best assured where the means of determining closing time in the most accurate way available is included in the election arrange- ments made before the election occurs. Where, as here, those eligible voters who did not vote could affect the results of the election, the arbitrary selection of a particular timepiece over others available, a necessary procedure where the matter has not been arranged pre- viously, can only result in uncertainty over the correctness of the 6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD election returns, which is inconsistent with proper election procedure. We therefore adopt the Regional Director's recommendation and shall set aside the election and order that a new election be held. [The Board set aside the election held on March 9, 1954.] [Text of Direction of Election omitted from publication.] STERLING CABINET CORP. and DISTRICT 15, INTERNATIONAL ASSOCIA- TION OF MACHINISTS. Case No. 2-CA-2586. July 7,1954 Decision and Order On August 7, 1953, Trial Examiner James A. Corcoran issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair'labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Inter- mediate Report attached hereto. The Trial Examiner also found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint and recommended that such allega- tions be dismissed. Thereafter, the Respondent and the General Counsel filed exceptions to the Intermediate Report; the Respondent also filed a supporting brief., The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and brief, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner with the exceptions, modifications, and additions noted below. 1. We agree with the Trial Examiner that the Respondent, in viola- tion of Section 8 (a) (1) of the Act, interfered with, restrained, and coerced employees in the exercise of their self-organizational rights guaranteed by the Act. In so doing, however, we rely upon the credited testimony which shows that: (a) Between June 13 and 17, the Respondent's President Solin threatened employees with loss of overtime if a new union came in ;; 2 (b) on June 18, Fraiman, an official of the Respondent, after accusing Bergenfeld of starting the i As the record, exceptions , and brief adequately present the issues and positions of the parties , we deny the Respondent's request for oral argument. 2 Unlike the Trial Examiner, we do not find that President S.olin also unlawfully threat- ened employees with loss of overtime if the Machinists ' representation petition was not withdrawn, as the evidence supporting this threat is based on the hearsay testimony of Bergenfeld that employees gave him that information. 109 NLRB No. 1.