Monroe Calculating Machine Co.

314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD clerical employees, warehouse employees presently represented by the Petitioner, guards, and supervisors as defined in the Act. If a majority of the employees in voting group B vote against the Petitioner, they will be taken to have indicated their-desire to remain outside the presently recognized unit, and the Regional Director is instructed to issue a certification of results of elec- tion to that effect. If a majority of the employees in voting group A only, cast their ballots for the Petitioner, they will be deemed to have indicated their desire to be represented by the Petitioner and the Regional Director is instructed to issue a cer- tification of representatives to the Petitioner as to this unit, which we find to be appropriate for the purposes of collective bargaining. On the other hand, if a majority of the employees in voting group B vote for the Petitioner, that group will appropriately be included in the presently recognized unit and their votes shall be pooled with those in voting group A.Ild If a majority of em- ployees in the pooled group select the Petitioner, the Regional Director is instructed to issue a certification of representatives to such labor organization for such unit, which under the cir- cumstances we find to be appropriate for the purposes of collec- tive bargaining. lid In the event the votes are pooled , they shall be accorded their face value. [Text of Direction of Election omitted from publication.] IT IS FURTHER ORDERED that the Decision and Direction of Elections, as printed, shall appear as hereby amended. MEMBERS MURDOCK and BEE SON took no part in the consideration of the above Order Amending Decision and Direction of Election. MONROE CALCULATING MACHINE COMPANY and INTERNATIONAL UNION OF ELECTRICAL, RADIO, AND MACHINE WORKERS, CIO, PETI- TIONER 1 Case No. 2-RC-6654. July 22,195/. Decision and Direction of Election Upon a petition duly filed, a hearing was held; Louis A. Schneider, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 1 The Petitioner's name appears herein as amended at the hearing. At the hearing, Local No. 431 , United Electrical , Radio, and Machine Workers of America ( UE), hereinafter called Local 431, was permitted to intervene on a contract interest , and International Brotherhood of Electrical Workers, A. F. of L., was permitted to intervene on the basis of a card showing. 2 Intervenor, Local 431, offered to prove, inter alia, that the Petitioner's Local 432 had forcibly taken over the office and records of Local 431 ; that Local 432 permits only its own adherents to enter the office, and thus prevents members and officers of Local 431 from 109 NLRB No. 53. MONROE CALCULATING MACHINE COMPANY 315 Upon the entire record in this case, the Board 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 See, tion 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 em- ployees at the Employer's office machine plants at Morris Plains and Orange, New Jersey, including timekeepers, truckdrivers, and cafeteria workers, but excluding expediters, office clerical employees, profes- sional employees, technical employees, watchmen ,3 superintendents, assistant superintendents, foremen, assistant foremen, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] using it; that Local 432 has withheld the records from the duly elected officers of Local 431 ; that it has prevailed upon a bank to refuse payment of the deposits of Local 431 ; and that, although the contract between the Employer and Local 431 does not expire until July 1, 1954 , Local 432 has communicated with the Employer and has succeeded. in in- ducing it not to comply with the provisions of the contract , including those relating to the remittance of checked off dues. Local 431, accordingly , moved to dismiss the petition. The motion is hereby denied without prejudice to its renewal if objections are filed to the election hereinafter directed. 3 Watchmen at the Morris Plains plant , who do not wear uniforms or carry firearms; spend about 80 percent of their working time in cleaning and sweeping and the remainder in patrolling the plant . Although the record is not entirely clear as to the watchmen at the Orange plant, it appears that these watchmen wear uniforms but do not carry firearms and are divided into two classes : (1) Those who work during the day and spend all their time as gatemen, controlling admissions to and departures from the plant , and (2) those who work at night and spend all their time making hourly rounds. We find that all watch- men, both those at the Morris Plains plant and those at the Orange plant , are guards within the meaning of the Act, and we therefore exclude them from the unit. Waterboro Manufacturing Corporation, 106 NLRB 1383, PROCTER & GAMBLE MANUFACTURING COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL 30-30-A, AFL, PETITIONER. Case No. 9-RC-5748. July 22,1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Leonard Bass, hearing officer. The hearing officer's rulings made at the hearing are free from prej- udicial error and are hereby affirmed. Motions for dismissal of the petition made by the Employer and the Intervenor at the hearing are 109 NLRB No. 43.