Schwabacher Hardware Co.

SCHWABACHER HARDWARE COMPANY 619, supervisory duties within the meaning of the Act.' Accordingly, we find that he is not a supervisor within the meaning of the Act and will' include him in the unit. ' We find that the following unit of employees of Metco Plating Cam-' pany at its Detroit, Michigan, plant, is appropriate for 'purposes of collective.bargaining,within the meaning of Section 9 (b) of .the•Act : ' All employees including buffers, polishers, burrmen, stockboy, tank- man, rackers and inspectors, and the plating foreman, but excluding the buffing foreman, the chemist,8 guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBERS PETERSON and BEESON took no part in the consideration of, the above Decision and Direction of Election. 7 Cone bfi118 Corporation ( Tabardrey Plant ), 107 NLRB 866. The Employer 's assistant general manager testified that the plating foreman received his classification at a time, when the Employer had no automatic plating machine and employed a plating crew ,which the plating foreman supervised . He added that since the Employer acquired the, automatic plating 'machine, the entire plating crew, except the tankman, has been dis- oharg6d, and the plating foreman's duties have been changed, but his classification has remained the same. 8 Both the Employer and the Petitioner agree that the buffing foreman is a supervisor' and that the chemist is a professional employee. They are accordingly excluded from the unit SCHWABACHER HARDWARE COMPANY and OFFICE EMPLOYEES INTERNA-, TIONAL UNION, LOCAL No. 8, AFL, PETITIONER. Case No. 19-RC- 1475. October27,1954 Supplemental Decision and Certification of Results of Election Pursuant to a Decision and Direction of Election issued herein on June 14, 1954,1 an election by secret ballot was conducted on June 30, 1954, under the direction and supervision of the Regional Director for the Nineteenth Region, among the employees in the unit found appropriate by the Board. Upon conclusion of the election, a tally of' ballots was furnished the parties. The tally shows that of the 26 bal- lots cast in the election, 8 were for the Petitioner, 16 were against the Petitioner, and 2 were void. On July 8, 1954, the Petitioner filed timely objections to conduct allegedly affecting the results of the election. In accordance with the Board's Rules and Regulations, the Regional Director investigated the objections and, on August 6, 1954, issued and duly served upon the parties his report on objections. In this report, the Regional Director found that the Petitioner's objections did not raise substantial' or 1 Not reported In printed volumes of Board , Decisions and Orders 110 NLRB No. 82. 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD material issues affecting the results of the election and recommended that the objections be overruled and that the results of the election be certified. Thereafter, the Petitioner filed timely exceptions to the Regional Director's report. We have considered the Petitioner's objections and exceptions, the Regional Director's report, and the entire record in the case, and find that the exceptions do not raise substantial and material issues with respect to the election. Accordingly, for the reasons stated by the Regional Director in his report, we hereby overrule the objections.2 As the Petitioner failed to receive a majority.of the valid ballots cast, we shall certify the results of the election. [The Board certified that a majority of the valid ballots was not cast for the Petitioner, Office Employees International Union, Local No. 8, AFL, and that the Petitioner is not the exclusive repre9er1t tive of the employees employed at the Employer's Seattle, Washington, establishment in the unit heretofore found by the Board to be. appropriate.] MEMBER PETERSON took no part in the consideration of the above Supplemental Decision and Certification of Results of Election. . 2 Cf. F. W. Woolworth Co., 109 NLRB 1440. SHIRLEY D. CLAFFEY & FLORENCE CLAFFEY, CO-PARTNERS D/B/A CLAF- FEY'S BEAUTY SHOPPES and BARBERS AND BEAUTY CULTURISTS UNION OF AMERICA, LOCAL 7, CIO, PETITIONER. Case No. P2-RC-8804. Oc- tober 28, 1954 Decision and Order Upon a petition duly filed, under Section 9 (c) of the National Labor Relations Act, a hearing was held before Max Dauber, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : The Employer, with its principal office and warehouse at Pittsburgh, Pennsylvania, operates 13 beauty shops, of which 4 are located in Pittsburgh and 1 shop each in Homestead, Braddock, E. Pittsburgh, Wilkenburg, and York, Pennsylvania, and in Schenectady, Albany, Troy, and Jamaica, New York. During 1953, the Employer purchased supplies for use in its busi- ness valued in excess of $34,500, of which. approximately $4,600 repre- sents purchases made for its Jamaica store, employees of which are concerned in the instant petition. Of the total purchases of supplies 110 NLRB No. 97.