Couse Laboratories, Inc.

National Labor Relations Board - Board Decisions

Aug 22, 1941

34 N.L.R.B. 755 (N.L.R.B. 1941)

In the Matter of Cousn LABORATORIES, INC. and INDEPENDENT UNION
OF COUSE LABORATORY'
Case No. R-2867.-Decided August 02, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mrs. Elinore M. Herrick, for the Board.
Mr. Joseph Solimine, of Newark, N. J., for the Company.
Mr. Robert D. Keehn, of Hillside , N. J., and Mr. Mapes Davidson
of Newark , N. J., for the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 10, 1941, Independent Union of Couse Laboratory,
herein called the Union, filed with the Regional Director for the
Second Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Couse Laboratories, Inc., herein called the Company, en-
gaged in the manufacture of mobile machine shops in Newark, New
Jersey, and requesting an investigation and certification of repre-
sentatives, pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On July 22, 1941, the
National Labor Relations 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 Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice. On July 19, 1941, the Company, the Union, and the
Regional Director, entered into a "STIPULATION FOR CERTIFI-
CATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 28, 1941, under the direction and supervision of the
34 N. L. R. B., No. 96.
755
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director, among all production and maintenance employees
of the Company, excluding electricians, foremen, other supervisory
employees, clerical employees, and guards, to determine whether or
not said employees desired to be represented by the Union for the
purposes of collective bargaining with the Company. On July 30,
1941, the Regional Director issued and duly served upon the parties
her 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 her Election Report, the-Regional Director reported as follows
concerning the balloting and its results :
Total number eligible to vote------------------------------- 118
Total number of ballots cast-------------------------------- 107
Total number of valid ballots-------------------------------- 107
Total number of votes in favor of Independent Union of Couse
Laboratory----------------------------------------------- 99
Total number of votes against aforementioned union ---------- 8
Total number of blanks votes-------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged votes---------------------------- 0
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 rep-
resentation of employees of Couse Laboratories , Inc., Newark, New
Jersey, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees of the Company
excluding electricians , foremen, other supervisory employees , clerical
employees , and guards , constitute a unit appropriate for the purposes
of collective bargaining , within the meaning of Section 9 (b) of the
Act.
3. Independent Union of Couse Laboratory , 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 Re-
lations Act,
COUS'E LABORATORIES, INC. 757
IT IS HEREBY CERTIFIED that Independent Union of Couse Labora-
tory, has been designated and selected by a majority of all produc-
tion and maintenance employees of Couse Laboratories, Inc., Newark,
New Jersey, excluding electricians, foremen, other supervisory em-
ployees, clerical employees, and guards, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the National Labor Relations Act, Independent Union of
Couse Laboratory, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
MR. EDWIN S. SMITH took no part in. the consideration of the above
Decision and Certification of Representatives.
451269-42-vol. 34--49