Read Machinery Co. Inc.

In the Matter of READ MACHINERY Co. INC. and PATTERN MAKERS' ASSOCIATION OF YORK AND VICINITY, AFFILIATED WITH THE PATTERN MAKERS' LEAGUE OF N. A., AND WITH THE A. F. OF L. Case No. R-1626 SUPPLEMENTAL DECISION AND ORDER March 11, 1940 On December 9, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings ., The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among all the pattern makers employed by Read Machinery Co., Inc., herein called the Company, exclusive of supervisory employees, to determine whether or not they desire to be represented by Pattern Makers' Association of York and Vicinity, affiliated with the Pattern Makers' League of N. A., and with the A. F. of L., herein called the Union, for the purposes of collective bargaining. Pursuant to the Direction , the election by secret ballot was held. on December' 20, 1939, at York, Pennsylvania , under the direction and supervision of the Regional Director for the Fourth Region. On January 22,1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, issued and duly served upon the parties an Election Report containing a tally of the ballots . In his Report the Regional Director certified that the ballot was fairly and impartially conducted, that the ballots cast were duly and fairly counted under his supervision, and 'that statements to "such. effect had been filed with him by the tellers. As to the balloting and its results, the Regional Director reported as follows : Total eligible to vote________________________________________ 4 Total Ballots cast___________________________________________ 4 ' 18 N L R B 224 21 N. L. R. B., No. 34. 450 .READ MACHINERY COMPANY, INC. 451 Ballots cast for Pattern Makers' Association of York and Vicin- ity, affiliated with the Pattern Makers' League of N. A., and with the A. F. of L---------------------------------------- 1 Ballots cast against Pattern Makers' Association of York and Vicinity; affiliated with the Pattern Makers' League of N. A., and with the A. F. of L------------------------------------ 2 Blank ballots---------------------------------------------- 0 Void ballots----------------------------------------------- 0 Challenged ballots------------------------------------------ 1 Number of eligible voters not voting-------------------------- 1 As, appears in his Report concerning the challenged ballots, the Regional Director sustained a challenge to one ballot on the ground that the voter offering--it was a foreman, a supervisory employee ex- cluded from the unit. Another ballot which appears by the statement filed by the tellers with the Regional Director to•have been challenged on the ground that the voter offering it was not a regular employee in the unit, was accepted by the Regional Director, and the challenge was overruled. - On January 29, 1940, the Union filed with the. Regional Director, within the extended time granted by the latter for such purpose, Ob- jections to the Election Report. The Objections set forth were (1) that Philip E. Bupp, an eligible voter, had not voted "due to error"; (2) that Paul Murichel had voted, although ineligible because he was a supervisory employee in the sheet-metal department when he was transferred to the pattern department, the unit in which the election was conducted, and because by such transfer he displaced one, Botterbush, a member of the Union, who had been discharged a week before. ' The Regional Director investigated the matters contained in the Objections and, on February 17, 1940, duly served upon the parties his Report on Objections based upon such investigation. The Regional Director reports that the contentions and objections of the Union as to Paul Munchel are without merit ; that Munchel was on the pay roll of the pattern department on the eligibility date provided in the De- cision and Direction of Election, and was eligible to vote. As to the Union's first objection, that Philip E. Bupp had not voted "due to error," the Regional Director observed that, in view of his investigation and report on the second objection, even if Bupp's vote had been cast for the Union, the end result of the balloting would have remained unaffected. We agree with the conclusions of the Regional Director. Upon the entire record in the case, including the Election Report, the Objections, and the Report on Objections, we find that the Objec- tions do not raise substantial and material issues with respect to the conduct of the ballot or the Election Report. 452 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the appropriate unit. The petition of Pattern- Makers' Association of York and Vicinity, affiliated with the Pattern Makers' League of N. A., and with the A. ' F. 'of L., for investigation and certification of representatives of employees of Read Machinery .Co., Inc., will there- fore be dismissed. - - - . - ORDER By virtue of Section •9 (c) of the National Labor Regulations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ORDERED that the petition for investigation and certification of representatives of employees of Read Machinery Co., Inc.; filed by Pattern Makers' Association of York and Vicinity, affiliated with the Pattern Makers' League of N. A., and with the A. F. of L., be, and it hereby is, dismissed.