Mason Can Co.

326 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD It appears that Speaks exercised supervisory duties before assuming his present position, but he is now engaged in setting up jobs'on the various turret lathes to which the employees in the department are assigned? This allocation of jobs appears to depend merely upon the physical capabilities of the lathes. Speaks "at times" changes em- ployees from one lathe to another, such changes being made only when it is necessary that a job on a particular lathe be performed by an employee more skillful than the one assigned to the lathe. He per- formed some of the duties of the shop foreman when the latter was on vacation in June 1955. All these facts relied upon by the Acting Regional Director do not, in our opinion, show that Speaks, as a lead man, regularly exercises duties of a supervisory nature. Accordingly, we find that he is not a supervisor as defined in the Act. As we have found that Paul Given and James Speaks are not super- visors we shall, contrary to the Acting Regional Director's recommen- dation, overrule the challenges to their ballots and direct that those ballots be opened and counted. [The Board directed that the Regional Director for the Twenty-first Region shall, pursuant to the Rules and Regulations of the Board, within ten (10) days from the date of this Direction, open and count the ballots of Paul Given, James Speaks, Hazel Rogers, Charles Baines, and George Koons, and thereafter prepare and cause to be served upon the parties a revised tally of ballots, including therein the count of the aforementioned ballots.] ° According to the Acting Regional Director's report, the employees were made aware of the change in Speaks' duties but they were never "officially informed" that his super- visory "authority" had been withdrawn. Mason Can Company and Mason Can Employees Independent Union, Petitioner. Cases No8.1 RC-1201 and 1 RC-4&30. Febru- ary 6,1956 ORDER DENYING MOTION On January 18, 1956, the Board issued a Decision, Order, and Di- rection of Election i in the above-entitled proceeding. Thereafter, on January 26, 1956, counsel for International Jewelry Workers Union, AFL-CIO, and Local 18, International Jewelry Workers Union, AFL-CIO, filed a motion to stay election and to initiate an administra- tive investigation with respect to the compliance status of the Pe- titioner. On January 31, 1956, counsel for the Petitioner filed ob- jections thereto. The Board having duly considered the matter, 1115 NLRB 105. 115 NLRB No. 57. WILSON & COMPANY, INC. - 327 IT is HEREBY ORDERED that the said motion be, and it hereby -is, de- nied because there is sufficient basis shown in the motion and in the record as a whole for instituting a collateral hearing. By direction of the Board : 2 OGDEN W. FIELDS, Associate Executive Secretary. 3 Member Rodgers is of the opinion that the motion and the contentions of the parties noted in the Board's Decision and Order provide sufficient information to warrant fur- ther investigation into the issues raised. United States Plywood Corporation, 112 NLRB 1471, footnote 2. Accordingly, he would grant the motion. Wilson & Company, Inc. and Office Employees International Union, Local No. 21, AFL-CIO.' Case No. 10-CA-3264. Febru- ary 7,1956 DECISION AND ORDER On September 1, 1955, Trial Examiner Arthur Leff issued his In- termediate Report in the above-entitled proceeding, finding that the Respondent had engaged in certain unfair labor practices and recom- mending 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 filed exceptions to the Intermedi- ate Report and a supporting brief. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Interme- diate Report, the exceptions and brief, and the entire record in this case, and hereby adopts the findings, conclusions, and recommenda- tions of the Trial Examiner. ORDER Upon the entire record in this case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, Wilson & Company, Inc., Atlanta, Georgia, its officers, agents, successors, and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in Office Employees International Union, Local No. 21, AFL-CIO, or any other labor organization of its employees, by discriminating in regard to their hire or tenure of em- ployment or any term or condition of employment. (b) By threats of reprisal, promises of benefit, or in any other man- ner interfering with, restraining, or coercing its employees in the 1 The AFL and CIO having merged after the bearing in this case , we are amending the identification of the affiliation of the Union. 115 NLRB No. 58.