033 NLRB 169
Birdsboro Steel Foundry & Machine Co.
In the Matter of BIRDSBORO STEEL, FouNDRY & MACHINE CO. and STEEL
WORKERS ORGANIZING COMMITTEE ] C.. I. O.
Case No.' R-2513
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF. REPRESENTATIVES
July 7, 1941 - -
.
On May 27, 1941 , the National Labor Relations Board, herein called
the Board , issued its Decision and Direction of Elections in the above-
entitled proceedings.'
On June 9, 1941,. Steel Workers Organizing
Committee, herein called the S . W. O. C., filed a motion to advance
pay-roll.date.
On June 12, 1941 , the Board . denied the motion and on
the. same date, the S. W. OX. withdrew the motion.
Pursuant to the Direction of Elections, elections by, secret ballot
were conducted on June 12, 1941 , under the direction and supervision
of•the Regional Director for the Fourth Region
(Philadelphia; Penn-
sylvania). • On June16,• 1941, the Regional Director , acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2,' as amended , issued an Election Report, copies
of which were duly served upon the parties .
No objections to the con-
duct of the ballot or to the Election Report were filed by any of the
parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Birdsboro plant
Total on eligibility list______________________________________ 909
Total ballots cast___________________________________________ 878
Total ballots challenged________________________
34
Total void ballots___________________________________________
3
Total blank ballots__________________________________________
0
Total valid ballots cast_____________________________________ 841
Total votes cast for Birdsboro Steel Foundry & Machine Co.
Employee and Beneficial Association________________________ 522
1 32 N. L: R. B. 101.
33 N. L. R. B., No. 40.
169
170
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total votes cast for Steel Workers Organizing Committee,
C. I. 0--------------------------------------------------- 299
Total votes cast for neither__________________________________
20
Reading plant
Total on eligibility list______________________________________ 230
Total ballots cast___________________________________________
207
Total ballots challenged _____________________________________
8
Total void ballots --------- ------- '--------- ------ -----------
2
Total blank ballots ____________________________________
------------------------------------ - -----
0
Total valid ballots cast______________________________________
Total votes cast for Birdsboro Steel Foundry & Machine Co.
197
Employee and Beneficial Association_______________________ 119
Total votes cast for Steel Workers Organizing Committee,
C. I. 0--------------------------------------------------
71
Total votes cast for neither__________________________________
7
The Regional Director stated there were a total of 43 mailed ballots,
14 of which were returned ; but as the 14 ballots returned would not
affect the results of the election, they were placed with the challenged
ballots and not counted.
In the Decision and Direction of Elections previously refer `red to
the Board made no final determination as to the appropriate unit.
The Board there stated :
If either the Association or the S. W. 0. C. receives a majority
of the votes cast by the employees of each plant, both plants will
constitute a single appropriate unit.
If the S. W. 0. C. receives
a majority of the votes cast by employees in the Birdsboro plant,
it will constitute a separate appropriate unit.
Upon the basis of the entire record in the case the Board makes the
following :
SUPPLEMENTAL FINDING OF FACT
We find that all production and maintenance employees at the Birds-
boro and Reading plants of Birdsboro Steel Foundry & Machine
Company, Birdsboro, Pennsylvania, including storeroom employees,
but excluding watchmen, special apprentices, photographers, drafts-
men, laboratory employees, office janitors, office workers, clerical em-
ployees, timekeepers, truck drivers and helpers, and all supervisory
employees, foremen, assistant foremen, and the master mechanic,
constitute a unit appropriate for the purposes of collective bargaining,
.
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
Upon the basis of the above finding of fact and upon the entire
record in the case the Board makes the following : ,
BIRDSBO'R'O STEEL FOUNDRY & MACHINE 'CIO.
171
SUPPLEMENTAL CoNCLusIoN of LAW,
All production and maintenance employees at the Birdsboro and
Reading plants of Birdsboro Steel Foundry & Machine Company,
Birdsboro, Pennsylvania, including storeroom employees, but exclud-
ing watchmen, special apprentices, photographers, draftsmen, labora-
tory employees, office janitors, office workers, clerical employees, time-
keepers, truck drivers and helpers, and all supervisory employees,
foremen, assistant foremen, and the master mechanic, constitute a
unit appropriate for the purposes of collective bargaining,'within the
meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the.power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional- Labor Relations Board Rules and Regulations-Series 2,, as
amended,
IT IS HEREBY CERTIFIED that Birdsboro Steel Foundry and Machine
Company Employee and Beneficial Association has been designated
and selected by a majority of all production and maintenance em-
ployees at the Birdsboro and Reading plants of Birdsboro Steel
Foundry & Machine Company, Birdsboro, Pennsylvania, including
storeroom employees, ' but excluding watchmen, special apprentices,
photographers, draftsmen, laboratory employees, office janitors, office
workers, clerical employees, timekeepers, truck drivers and helpers,
and all supervisory employees, foremen, assistant foremen, and the
master-- mechanic, as their representative for the purposes of collective
bargaining, and that pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, Birdsboro Steel Foundry and Machine
Company Employee and Beneficial Association is the exclusive repre-
sentative-of all such employees for the purposes of collective bargain-
ing with respect to rates of pay; wages, hours of employment, and
other conditions of employment.