Grand Sheet Metal Products Co.

GRAND SHEET METAL PRODUCTS CO. 83 Grand Sheet Metal Products Co. and United Electrical, Radio & Machine Workers of America (UE) and UE Local 1150, Peti- tioner Grand Sheet Metal Products Co. and Die and Tool Makers Lodge 113 International Association of Machinists, AFL-CIO.' Cases Nos. 13-RC-4405 and 13-RC-4414. January 17, 1956 SUPPLEMENTAL DECISION AND DIRECTION Pursuant to a Decision, Order, and Direction of Second Election,' an election by secret ballot was conducted in the above-consolidated proceeding on September 29, 1955, among the employees in the unit set forth in the stipulation executed on July-19, 1955. The results of the election were as follows: 12 votes for Local 1150; 13 votes for Lodge No. 113; and 2 ballots challenged. As the challenged ballots were sufficient in number to affect the results of the election, the Regional Director, pursuant to the Board's Rules and Regulations, conducted an investigation and, on Novem- ber 17, 1955, issued and caused to be served upon the parties a report on challenged ballots. In his report, the Regional Director recom- mended that one of the challenged ballots be declared void as it con- tained on its reverse side a mark that was not inadvertently made and could serve to reveal the identity of the voter. He further recom- mended that the challenge to the ballot of Anthony Tomazatis be overruled and that the ballot be opened and counted. Local 1150 filed exceptions to the Regional Director's recommendations concern- ing the marked ballot. No exceptions were filed with respect to the recommendation that the challenge to Tomazatis' ballot be overruled. In the absence of such exceptions, the Board adopts the Regional Director's recommendation and overrules the challenge to Tomazatis' ballot and directs that the ballot be opened and counted. As a conclusive election may result from the counting of Tomazatis'- ballot, we shall direct that his ballot be opened and counted and shall defer our ruling on the remaining challenged ballot until the results of the balloting, after the counting of the ballot of Anthony Tomazatis, shall have been disclosed. [The Board directed that the Regional Director for the Thirteenth Region shall, within ten (10) days from the date of this Direction, 3 As the AFL and CIO merged subsequent to the filing of the petitions in these cases, we are taking notice thereof and amending the name of the Petitioner in Case No. 13-RC-4414. S Not reported in printed volumes of Board Decisions and Orders Pursuant to a stipu- lation for certification upon consent election an election was held in this proceeding on July 28 , 1955 However, following properly filed objections , the Board , in accordance with the recommendation of the Regional Director, vacated and set aside that election .and ordered that a second election-the one herein involved-be held. 115 NLRB No. 17. 84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD open and count the ballot of Anthony Tomazatis and serve upon the parties a supplemental tally of ballots.] MEMBER. BEAN took no part in the consideration of the above Sup- plemental Decision and Direction. E. I. Du Pont de Nemours & Company, Inc., Construction Division, Savannah River Plant and United Gas, Coke and Chemical Workers of America, CIO. Case No. 11-CA-716. January 18, 1956 DECISION AND ORDER On March 25,1955, Trial Examiner Max M. Goldman issued his In- termediate 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 Intermediate Report attached hereto. Thereafter the Respondent, the General Counsel, and the Charging Union filed exceptions, and the Respondent and the General Counsel filed supporting briefs.' The Board has, reviewed the rulings made by the Trial Examiner at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Inter- mediate Report, the exceptions and briefs, and the entire record in the case,2 and hereby adopts the Trial Examiner's findings,' conclusions, and recommendations. ORDER Upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, as amended, the National Labor Relations Board hereby orders that the Respondent, E. I. Du Pont de Nemours & Company, Inc., Construction Division, Savannah River Plant, Aiken, South Carolina, its officers, agents, successors, and as- signs, shall: I The Respondent moved for permission to file a reply brief in answer to the General Counsel's brief in support of exceptions . The motion is hereby granted and the Respond- ent's reply brief is hereby accepted. 2 The Trial Examiner , on October 12, 1954, issued an order admitting stipulation as exhibit The Trial Examiner 's failure formally to include his order in the record was obviously an inadvertent error, and the Board , upon its own motion, hereby orders that the Trial Examiner's October 12, 1954, order be, and it hereby is, made a formal exhibit and part of the record in this case. 3 Through an apparent oversight the Trial Examiner made no formal finding that the Respondent's fire chief, assistant fire chief , lieutenants , and fire leaders were supervisors. The Respondent's assistant field project manager testified that those jobs were in the Respondent's "line of supervision ," and there is no controversy on the positions . We find, accordingly, that the Respondent's fire chief, assistant fire chief, lieutenants , and fire leaders were, at all times material herein, supervisors within the meaning of the Act. 115 NLRB No. 20.