Corson Manufacturing Co.

In the Matter of CORSON MANUFACTURING COMPANY and UNITED PAPER, NOVELTY AND Toy WORKERS INT'L UNION-C. I. O. Case No. R-5155. -Decided July 8,1943 SUPPLEMENTAL DECISION AND DIRECTION On May 10, 1943, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding.,' Pursuant to the Direction of Election, an election by secret ballot was conducted on June 4, 1943, under the direction and supervision of the Regional Director for the Third Region (Buffalo, New York). On June 5, 1943, the Regional Director, acting-pursuant to Article III, Section 10, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report. As to - the balloting and results thereof, the Regional Director reported as follows : Approximate number of eligible voters----------------------- 61 Total ballots cast------------------------------------------- 58 Total ballots challenged------------------------------------- 2 Total void ballots------------------------------------------ 0 Total blank ballots------------------------------------------ 0 Total valid votes counted------------------------------------ 56 Votes cast for,Printing Pressmen and Assistants Union, Local No. 27, A. F. of L----------------------------------------- 28 Votes cast for neither--------------------------------------- 0 Votes cast for United Paper, Novelty and Toy Workers Int'l Union-C. I. 0-------------------------------------------- 28 As a result of an investigation conducted by the Regional Director, the Regional Director in his Election Report recommended that the challenges of Arthur .McDonnell and Lewis Arlington be overruled. On June 8, 1943, the C. I. O. filed Objections to this recommendation, and on June 18, 1943, the Regional Director issued a Report on Objections. The Board has considered the Regional Director's Election Report, the C. I. O.'s Objections to the Election Report, and the Regional 149 N L. R. B. 674. 51 N. L. R. B., No. 35. 159 160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director's Report on Objections. The C. I. O. challenged the votes of McDonnell ahd Arlington on the grounds that McDonnell is a salaried employee, having some supervisory duties, and engaging in clerical work; and that Arlington is no longer considered an employee of the Company, having left because of illness in December 1942. The Regional Director's investigation reveals that McDonnell is a shipping employee whose duties consist of wrapping, loading, and unloading stock received by and shipped from the plant, and keeping stock records approximately 10 percent of the time. He has no au- thority to hire or discharge, or to recommend such 'action, and does not supervise the work of any employee. He has been employed by the Company in the same general capacity for, approximately 20 years. With respect to Arlington, the investigation discloses that Arlington has been in the employ of the Company continuously for about 20 years as a pressman; that in December 1942, he was informed by his physician that he had tuberculosis, and was granted an indefinite leave of absence by the Company. His health has improved and he desires to return to work as soon as his health permits. He has been assured by the Company that his job will be kept open for him until h@ is physically fit to return to work. The Board hereby adopts the rec- ommendations of the Regional Director with respect to the challenges and finds the C. I. O.'s Objections to be without merit. The ballots of Arthur McDonnell and Lewis Arlington are declared valid. Since the challenged ballots, which we have ruled to be valid bal- lots, may affect the outcome'of the election, we shall direct that they be counted and that a Supplemental Election Report be served upon the parties by the Regional Director. DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Sections 9 and 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Corson Manufacturing Company, Lockport, New York, the Regional Director for the Third Region (Buffalo, New York) shall, pursuant to said Rules and Regulations' and subject to Article III, Section 10 thereof, within ten (10) days from the date of this Direction, open and count the challenged ballots herein declared valid, and shall thereafter prepare and cause to be served upon the parties to this proceeding a Supplemental Election Report embodying his findings therein and his recommendations as to the result of the balloting. 0