Cleveland Sheet Metal & Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Sep 26, 1941

35 N.L.R.B. 850 (N.L.R.B. 1941)

In the Matter of CLEVELAND SHEET METAL & ENGINEERING COMPANY,
INC. and LOCAL 735, UNITED ELECTRICAL, RADIO & MACHINE WORKERS
OF AMERICA (C. I. 0.)
Case No. R-0951.-Decided September 26, 19411
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Harry L. Lodish, for the Board.
Miss Laura Sato, of Cleveland, Ohio, for the Company.
Mr. Joseph Kres, of Cleveland, Ohio, for the C. I. O.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 8, 1941, Local 735, United Electrical, Radio & Machine
Workers of America (C. I. 0.), herein called the C. I. 0., filed with
the Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Cleveland Sheet Metal & Engi-
neering Company, Inc., herein called the Company, engaged princi-
pally in the manufacture of steel cabinets, at Cleveland, Ohio, and
requesting an investigation and certification of representatives, pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On August 13, 1941, 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 inves-
tigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice. On August
14, 1941, the Company, the C. I. 0., and the Acting Regional Director
entered into a "STIPULATION FOR CERTIFICATION ,OF REP-
RESENTATIVES UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot 'was con-
ducted on August 19, 1941, under the direction and supervision of the
35 N. L. R. B., No. 180.
850
CLEVELAND SHEET METAL ET AL. 851
Regional Director, among all production and maintenance employees
of the Company at its Cleveland, Ohio, plant, excluding clerks, office
employees, foremen, and other supervisory employees, to determine
whether said employees desired to be represented by the C. I. 0., for
the purposes of collective bargaining. On August 20, 1941, the Re-
gional 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 on eligibility list-------------------------------------- 27
Total ballots cast------------------------------------------- 23
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast--------------------------------------- 23
Votes cast for Local 735, United Electrical, Radio & Machine
Workers of America, (C. I. 0.) --------------------------- 12
Votes cast against Local 735, United Electrical, Radio & Machine
Workers of America, (C. I. 0.) ---------------------------- 11
Upon the basis of the 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 Cleveland Sheet Metal & Engineering Com-
pany, Inc., Cleveland, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All maintenance and production employees of the Company at
its Cleveland, Ohio, plant, excluding clerks, office employees, foremen
and other supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. Local 735, United Electrical, Radio & Machine Workers of
America, (C. I. 0.), has been designated and selected by a majority of
the employees in the above unit as their representative for the purposes
of collective bargaining, and is the exclusive representative of all the,
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 Local 735, United Electrical, Radio &
Machine Workers of America, (C. I. 0.), has been designated and
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852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
selected by a majority of all maintenance and production employees of
Cleveland Sheet Metal & Engineering Company, Inc., Cleveland, Ohio,
excluding clerks, office employees, foremen, and other supervisory em-
ployees, as their representative for the purposes of collective bargain.
ing, and that, pursuant to Section 9 (a) of the National Labor Rela-
tions Act, Local 735, United Electrical, Radio & Machine Workers of
America, (C. I.0.), is the exclusive representative of all such employ-
ees for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.