Diamond Match Co.

National Labor Relations Board - Board DecisionsSep 12, 1942

43 N.L.R.B. 1361 (N.L.R.B. 1942)

In the Matter of DIAMOND MATCH COMPANY, MATCH DIvIsIoN and FEDERAL LABOR UNION MATCHMAKERS, LOCAL 23176, A. F. L. Case No. R-1,,230.-Decided September 12, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mrs. Alice M. Rosseter , for the Board. Mr. C. L. Pfersch , of Chico, Calif ., for the Company. Mr. C. F., Daley, of Vallejo , Calif., for the Union. Mr. J. Benson Saks, of Counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On July 20 and August 10, 1942, respectively, Federal Labor Union Matchmakers Local 23176, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Twentieth Region, (San Francisco, California), a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Diamond Match* Company; herein called the Company, engaged in the manufacture of matches at Chico, California, and requesting an investigation and certification of representatives ' pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 13, 1942, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UroN CON- SENT ELECTION." On August 15, 1942, 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 Boiird Rules and Regulations-Series 2, as amended, ordered an investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice., Pursuant to the stipulation, an election by secret ballot was con- ducted on August 21,E 1942, under the direction and supervision of the Regional Director, among all production and maintenance employees of,the Company employed in its Match Division at Chico, California, during the pay-roll period immediately preceding July 25, 1942, in- cluding firemen and watchmen, Assistant Veneer Department Fore- man and Assistant Bookkeeping Department Foreman, and employees 43 N L R. B, No 212. 481039-42-vol 43-86 1361 1362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who did not work during the pay-roll period immediately preceding July 25, 1942, because they were ill or on'vacation, or in the active military service or training of the United- States, or temporarily -laid off, but excluding executives, office employees, inspectors employed by Industrial Products Testing and Standardizing Corporation, and fore- men in the following classifications : Match Department Foreman Paper Box Department Foreman Mixing Department Foreman Warehouse, Yard, and Veneer Foreman- Booking Department Foreman Book Printing.Department Foreman Strike-anywhere Printing Department Foreman Assistant Match Department' Foreman Night Booking Department Foreman Master Mechanic Chief Electrician Chief Engineer. On August 24, 1942, 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-------------------------------- 130 Number of votes for Federal Labor Union Matchmakers Local 23176 A F L --------------- ------- -------- -------------- 108 Number of Notes against Federal Labor Union Matchmakers Local'23176 A F L _______________________________________ 14 Total number of votes counted------ ------------------------ 122 Number of blank, void of challenged ballots ---------------- ---- 0 Upon thebasis of the stipulation, the, Election Report, and the entire record in the case, the Board makes the following: Â° FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Diamond Match Company at its Match Division at Chico, California, within the meaning of Section 9 (c) and Section 2, (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company in its Match Division at Chico, California, iiichldmg firemen and watch= men, Assistant Veneer Department Foreman and Assistant Book- keeping Department Foreman, but excluding executive, office em- DIAMOND MATCH COMPANY 1363 ployees, inspectors in the employ of In Products- Testing & Standardizing Corporation, and foremen in the following classifica- tions : - Match Department Foreman Paper Box Department Foreman Mixing Departinent,Foreman Warehouse, Yard, and Veneer Foreman Booking Department Foreman -Book Printing Department Foreman Strike-anywhere Printing Department Foreman Assistant Match Department Foreman Night Booking Department Foreman Master Mechanic - Chief Electrician Chief Engineer; constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Federal Labor Union Matchmakers Local 23176, A. F. L., 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 employees in the 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 Relations Act, I - IT Is' ITEREEt cI:IIrIFTED that Federal Labor 'Union Matchmakers Local 23176. A. F.' L., has been designated and selected by a majority, of all production and maintenance employees of Diamond Match Com- pany in its Match Division at Chico, California, including'firemen and watchmen, Assistant Veneer 'Department Foreman and Assistant Bookkeeping Department Foreman. but excluding executives, office employees, inspectors in the employ of Industrial Products Testing & Standardizing Corporation and foremen in the following classifica- tions:, Match Department Foreman - Paper Box Department Foreman Mixing Department Foreman Warehouse, ,Yard, and Veneer Foreman Booking Department Foreman - 1364 DECISIONS OF'NATIONAL LABOR RELATIONS BOARD Book Printing Department Foreman Strike-anywhere Printing Department Foreman - Assistant Match Department Foreman Night Booking Department Foreman Master Mechanic Chief Electrician Chief Engineer, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Federal Labor Union.. Matchmakers Local 23176 , A. F. L., 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 con- ditions of employment.