Coppus Engineering Corp.

536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Coppus Engineering Corporation and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Petitioner. Case I-RC-10388 June 30, 1969 DECISION AND ORDER By CHAIRMAN MCCULLOCH AND MEMBERS JENKINS AND ZAGORIA Pursuant to a Stipulation for Certification upon Consent Election approved on February 4, 1969, an election by secret ballot was conducted on March 6, 1969, under the direction and supervision of the Regional Director for Region 1, among the employees in the stipulated unit described below. At the conclusion of the election, the Regional Director served upon the parties a tally of ballots which showed that, of approximately 110 eligible voters, 104 ballots were cast of which 50 were for, and 41 against, the Petitioner. Thirteen ballots were challenged and one ballot was found to be void. The challenged ballots are sufficient in number to affect the results of the election. The Employer filed timely objections. In accordance with the National Labor Relations Board's Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation of the challenged ballots and the objections and, on April 15, 1969, issued and duly served upon the parties his consolidated report on challenged ballots and objections, in which he recommended that the objections be overruled; that 11 challenges be overruled and 2 be sustained; and that a revised tally of ballots and the appropriate certification be issued. The Employer and the Union filed timely exceptions to the Regional Director's report and briefs in support thereof. The Employer additionally filed an answering brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. In accordance with the stipulation of the parties we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full-time and regular part-time production and maintenance employees employed by the Employer at its Worcester, Massachusetts, plant, including leadmen, truckdrivers, testers, traffic coordinator, snaggers, and expeditors, but excluding all office clerical employees, engineer draftsmen, engineering clerical employees, casual employees, seasonal employees, professional employees, technical employees, salesmen, guards, factory manager, foremen and all other supervisors as defined in the Act. 5. The Board has considered the Regional Director's report and the exceptions of the parties, and hereby finds that the Petitioner's exceptions to the Regional Director's recommendation that the challenges to the ballots of William E. Marsh, Rudolf O. Werme, Inez Lindberg, Clare L. LaPrise, and Phyllis M. Adomaitis be overruled, and the Employer's exceptions to the Regional Director's recommendation that the challenge to the ballot of Joseph F. Kaczyk be sustained and Employer's objection 1 be overruled, raise no issues of fact or law which require reversal of the Regional Director's recommendations.' The Regional Director, relying on Taunton Supply Corp., 137 NLRB 221, recommended that the challenge to the ballot, of employee Carl E. Carlson be sustained on the ground that Carlson, although a regular part-time employee, limited his work time and earnings so as to qualify for maximum social security benefits. The Employer excepted to this recommendation. For the reasons given in Holiday Inns of America, Inc., 176 NLRB No. 124, in which the Board reconsidered and revised its policy concerning the voting eligibility of social security annuitants as set forth in Taunton Supply, supra, we shall direct that the ballot of Carl E. Carlson be opened and counted by the Regional Director.' Accordingly, as we have overruled the Employer's objections and the challenges to the ballots of employees Carl E. Carlson, William E. Marsh, Rudolph O. Werme, Arthur Anderson, Matthew J. Coes, Francis Baldino, Paul Palumbo, Ted Vartanian, Inez Lindberg, Walter Babineau, Clare L. LaPrise, and Phyllis M. Adomaitis, we shall direct that the Regional Director open and count these ballots and issue a revised tally of ballots and the appropriate certification. ORDER It is hereby ordered that the challenges to the ballots of Carl E. Carlson, William E. Marsh, 'In the absence of exception thereto , we adopt, pro forma, the Regional Director's recommendations that the challenges to the ballots of employees Arthur Anderson, Matthew J. Coes, Francis Baldino, Paul Palumbo, Ted Vartantan, and Walter Babineau and objection 2 be overruled 'Member Jenkins would not count Carlson's ballot. See his dissent in Holiday Inns of America, Inc, 176 NLRB No. 124 177 NLRB No. 41 COPPUS ENGINEERING CORPORATION 537 Rudolph O . Werme , Arthur Anderson , Matthew J. Coes, Francis Baldino, Paul Palumbo, Ted Vartanian , Inez Lindberg, Walter Babineau, Clare L. LaPrise , and Phyllis M. Adomaitis be, and hereby are, overruled and that the objections be, and hereby are, overruled. IT IS FURTHER ORDERED that as part of the investigation to ascertain representatives for the purposes of collective bargaining among the employees of Coppus Engineering Corporation at its Worcester, Massachusetts, plant in an appropriate and stipulated unit, the Regional Director for Region I shall, pursuant to the National Labor Relations Board' s Rules and Regulations, Series 8, as amended, within 10 days from the date of this Order open and count the ballots designated in the first paragraph of this Order and, thereafter, prepare and cause to be served upon the parties a revised tally of ballots, including therein the count of said challenged ballots. IT IS FURTHER ORDERED that in the event the revised tally of ballots shows the Petitioner to have received a majority of the valid ballots cast the Regional Director shall issue a certification of representative to the Petitioner. IT IS FURTHER ORDERED that should the revised tally of ballots show that the Petitioner has not received a majority of the valid ballots cast the Regional Director shall issue a certification of results of election.