Deisel-Wemmer-Gilbert Corp.

National Labor Relations Board - Board Decisions

Sep 5, 1941

35 N.L.R.B. 214 (N.L.R.B. 1941)

In the Matter of DEIsEL - WEMMER - GILBERT CORPORATION and UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA (CIO)
Case No. R-2893.-Decided September 5, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Stanley Roots, of Detroit, Mich., for the Company
Mr. Edwin Beal, of Fort Wayne, Ind., and Mr. Sam Runyan, of
Lima, Ohio, for the United.
Mr. Donald Henderson, of Chicago, Ill., for the Cannery Workers.
Mr. John R. Ograin, of Chicago, Ill., for the Cigar Makers.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 14, 1941, the United Electrical, Radio & Machine Workers
of America (CIO), herein called the United, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Deisel-Wemmer-Gilbert Corporation,
herein called the Company,' engaged in the processing of tobacco
and manufacturing of cigars at Detroit, Michigan, and at various
plants in the State of Ohio ,2 and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
July 19, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
'The name of the Company was incorrectly spelled "Diesel" in the petition . This was
corrected by amendment at the hearing.
2 The Company operates six plants : two in Lima, Ohio, called, respectively , the North
and South plants, and one each in the following cities : Detroit , Michigan , Findlay, St.
Mary's, and Van Wert, Ohio . The present proceeding involves all plants except that at
Detroit.
35 N. L. R B, No. 47.
214
DIBSEL-WEMIVTER-GILBERT CORPORATION 215
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On July 21, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the United.
Pursuant to notice a hearing was held on July 24 and 25, 1941,
at Lima, Ohio, before Max W. Johnstone, the Trial Examiner duly
designated by the Chief Trial Examiner. United Cannery Agricul-
tural Packing and Allied Workers (CIO), herein called the Cannery
Workers, a labor organization claiming to represent employees at the
Company's Detroit plant, appeared at the hearing by its representa-
tive.3 At the conclusion of the hearing, the Company, the United,
the Cannery Workers, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 7, 1941, under the direction and supervision of
the Acting Regional Director, among all cigar makers, machine
operators, inspectors, and other production and maintenance em-
ployees of the Company at its North and South plants in Lima, Ohio,
and at its Van Wert, St. Marys, and Findlay, Ohio, plants, exclusive
of supervisory and clerical employees, to determine whether or not
said employees desired to be represented by the United for the pur-
poses of collective bargaining. On August 11, 1941, the Acting
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 Acting Regional Director reported as
follows concerning the balloting and its results :
Total on eligibility list------------------------- ------ 1, 813
Total ballots cast--------------------------------------- 1,718
Total ballots challenged---------------------------------- 7
Total blank ballots---------------------------------------- 2
Total void ballots---------------------------------------- 1
Total valid votes cast-------------------------------------- 1,708
Votes cast for United Electrical, Radio & Machine Workers
of America (CIO) -------------------------------------- 1,204
Votes cast against United Electrical, Radio & Machine
Workers of America (CIO) ------------------------------ 504
3 Cigar Makers International Union, Local # 14, affiliated with the American Federation
of Labor, herein called the Cigar Makers, also appeared at the hearing by its representa-
tive but withdrew from the proceeding and relinquished any claim to represent the
employees involved herein.
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Deisel-Wemmer-Gilbert Corporation, Lima,
Findlay, St. Marys, and Van Wert, Ohio, within the meaning of -
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All cigar makers, machine operators, inspectors, and other pro-
duction and maintenance employees employed by the Company at
its North and South plants in Lima, Ohio, and at its Findlay, St.
Marys, and Van Wert, Ohio, plants, exclusive of supervisory and
clerical employees, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. United Electrical, Radio & Machine Workers of America (CIO)
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 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. United Electrical, Radio & Machine
Workers of America (CIO) has been designated and selected by a
majority of the cigar makers, machine operators, inspectors, and other
production and maintenance employees employed by Deisel-Wemmer-
Gilbert Corporation, at its North and South plants in Lima, Ohio,
and at its Findlay, St. Marys, and Van Wert, Ohio, plants, exclusive
of supervisory and clerical employees, as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, United Electrical, Radio & Machine
Workers of America (CIO) is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.