American Can Co.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 932 (N.L.R.B. 1940)

In the Matter of AMERICAN CAN COMPANY and PRODUCTION WORKERS
LODGE No. 1327, INTERNATIONAL ASSOCIATION OF MACHINISTS; STEEL
WORKERS ORGANIZING COMMITTEE , LOCAL 1684.
Case No. RE-17.Decided October 17, 194410
Investigation and Certification of Representatives : stipulation for certification
upon consent election. ' .
Mr. Earle K. Shawe, for the Board.
Mr. W. L. Mercer, of San Francisco , Calif., for the Company.
Mr. John E. Bymes, of San Francisco , Calif., for the I. A. M.
Mr. Ken Hunter, of San Francisco , Calif., for the S . W. O. C.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 3, 1940, American Can Company, herein called the
Company, engaged at San Francisco, California, in the manufacture
and sale of tin containers and other tin products, filed with the
Regional Director for the Twentieth Region (San Francisco, Cali-
fornia) a petition, and on September 9, 1940, an amended petition,
alleging that a question affecting commerce had arisen concerning
the representation of employees of the Company and requesting an
investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On September 11, 1940, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On
the same day the Company, the Production Workers Lodge No.
1327, International Association of Machinists; herein called the
I. A. M., the Steel Workers Organizing Committee, Local 1683,
27 N L R. B, No. 153.
932
AMERICAN CAN COMPANY 933
herein called the S. W. O. -C.; and the counsel for the Board entered
into it "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on September 25, 1940, under the direction and supervision
of the Regional Director among the production and production-
maintenance, employees, employed by the Company at the United
Plant, whose names appear on the Company 's seniority list as of
September 18, 1940, including watchmen, but excluding supervisory
employees , clerical employees , timekeepers , and all machinists, die
makers and electricians , to determine whether said employees desire
to be represented by the I. A. Al., or by the S. W. O. C., or by neither.
On September 26, 1940, the Regional Director issued and duly served
upon the parties his Election Report on the ballot . No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
In his Election Report the Regional Director reported as.follows
concerning the balloting and its results :
Total eligible to vote____________________________________ 91
Total number of ballots cast____ ___________________________ 85 .
Total number of votes in favor of Production Workers" _
Lodge No. 1327 , International Association of Machinists-__ 68
Total number of votes in favor of Steel Workers Organizing
Committee , Local 1683---------------------------------- 17
Total number of ballots for neither ---------------------- 0
Total number of blank ballots___________________________ 0
Total number of void ballots _____________________________ 0
Total number of challenged ballots___ _____________________ 0
Upon the above -mentioned stipulation, the Election Report, and
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the-repre-
sentation of employees of the American Can Company , San Fran-
cisco, California , within the meaning of Section 9 (c) and Section
2 (6) and ( 7) of the National Labor Relations Act.
2. All production and production -maintenance employees of the
Company at the United Plant, including watchmen , but excluding
supervisory employees , clerical employees , timekeepers , and all ma-
chinists , die makers and electricians , constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
, 9 (b) of the National Labor Relations Act.
3. Production Workers Lodge No. 1327, International Association
of Machinists , has been designated and selected by a majority of
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees in the above unit as their representative for the pur-
poses of collective bargaining and is the exclusive representative
of all employees in said unit, within the meaning of Section 9 (a)
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Production Workers Lodge No. 1327,
International Association of Machinists, has been designated and
selected by the majority of the production and production-mainte-
rance employees of the American Can Company, at the United
Plant, including watchmen, but excluding supervisory employees,
clerical employees, timekeepers, and all machinists, die makers and
electricians, as their representative for the purposes of collective
bargaining, and that pursuant to the provision of Section 9 (a) of
the Act, Production Workers- Lodge No. 1327, International Asso-
ciation of-Machinists, is the exclusive representative of'all such em-
ployees for the purposes of collective bargaining in respect of rates
of pay, wages, hours of employment, and other conditions of
employment.