Canton Malleable Iron Co.

National Labor Relations Board - Board Decisions

Sep 17, 1942

44 N.L.R.B. 81 (N.L.R.B. 1942)

In the Matter of CANTON MALLEABLE IRON COMPANY and UNITED
STEELWORKERS OF AMERICA (CIO)
Case No. R-4 5O.-Decided September 17, 194
Investigation and Certification of Representatives : stipulation for certification,
upon pay-roll check.
Mr. Arthur Stark , for the Board.
Mr. C. T. Daugherty , of Canton , Ohio, for the Company.
Mr. Homer Downard , of Canton , Ohio and Mr. Philip M. Curran,
of Pittsburgh , Pa., for the Union.
Mrs. A ugusta Spaulding , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America (CIO)
herein called the Union, alleging that a question affecting commerce
had. arisen concerning the representation of employees of Canton
Malleable Iron Company, Canton, Ohio, herein called the Company,
engaged in the production of malleable iron castings, the National
Labor Relations Board provided for an appropriate hearing upon clue
notice. On August 15, 1942, before a hearing was held, the Company,
the Union, and a Field Examiner for the Eighth Region (Cleveland,
Ohio) entered into a "STIPULATION FOR CERTIFICATION
UPON PAYROLL CHECK."
Pursuant to the stipulation, a check of the Union's application, and
authorization cards and dues records against the Company's pay roll
of August 22, 1942, was made under the supervision of the Regional
Director. On August 27, 1942, the' Regional Director, pursuant to the
stipulation, issued a Consent Payroll Check Report, copies of which
were duly served upon' the parties. No objections' to, the conduct of
the pay-roll check-6r to the Consent Payroll Check Report have been,
filed by either of the parties.
In his Report, the Regional Director reported that the check of the
Union's records and the Company's pay roll showed that 187 of the
44 N L R. B., No 13.
457418-42-vol 44 , 6 81
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
249 employees in the agreed appropriate unit had authorized the
Union to represent them for the purposes of collective bargaining with
the Company.
Upon the basis of the stipulation, the Consent Payroll Check Re-
port, and the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Canton Malleable Iron Company, Canton,
Ohio, within the meaning.of Section 9 (c) and Section, 2.(6), and, (7)
of the National Labor Relations Act.
2. All production and maintenance workers of Canton Malleable
Iron Company, Canton, Ohio, excluding supervisors, clerical and
salaried employees, watchmen, and,guards, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
3. United Steelworkers of America (CIO) has been designated and
selected by a majority of the employees- in the` apprdpriate, unit as
their representative for the purposes of- collective bargaining and is
the exclusive representative of all employees in said unit, within the
meaning of Section 9 (a) of the 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,
IT IS HEREBY CERTIFIED that United Steelworkers of America (CIO)
has been designated and selected by a majority of all production and
maintenance workers of Canton Malleable Iron • Company,• Canton,
Ohio, excluding supervisors, clerical and salaries employees, watch-,
men, and guards, as their representative for the purposes 'of collective
bargaining and that, pursuant to the provisions of Section 9 (a) of
the Act, United Steelworkers of America (CIO) is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
MR. Wm. 'M. LEISERSON took no part in the consideration of the
above Decision and Certification of Representatives.