Dominion Electrical Manufacturing, Inc.

National Labor Relations Board - Board Decisions

Nov 6, 1941

36 N.L.R.B. 705 (N.L.R.B. 1941)

In the Matter of DOMINION ELECTRICAL MANUFACTURING , INC.' and
INTERNATIONAL ASSOCIATION OF MACHINISTS LOCAL UNION #1405
(A•. F: OF, L. )1
Case No. REDO. Decided November 6, 1941
Investigation and Certification of Representatives : stiliulation for certification
upon consent election.
Mr. Hugh E. Sperry, for the Board.
Mr. Ben Shaffer, of Mansfield, Ohio, for the Company.
Mr. R. D. Rust, of Washington, D. C., for the I. A. M. Local 1405
and I. A. M. Local 453.
Mr. Arthur L. Garfield, of Dayton, Ohio, for U. E. Local 706.
Mr. Richard. Niebur, of Mansfield, Ohio, for U. E.
Mr. George A. 'Koplow, of counsel to the Board.
DECISION
AND ,
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On- August 19, 1941,2 Dominion Electrical Manufacturing, Inc.,
Mansfield, Ohio, herein called the Company, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio), a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of the Company, which is engaged
principally in the manufacture of electrical appliances at Mans-
field, Ohio, and requesting an investigation "and certification of
'In the earlier stages of this proceeding the caption was In the Matter of Dominion
Electrical Manufacturing, Inc. and Local 706 of the United Electrical, Radio & Machine
Workers of America (0 . I. 0.).; International Association of Machinists Local Ir53
(A. F. L.); International Association of Machinists (A. F. L.). At the hearing, as set
forth below , international Association of Machinists Local 453 ( A. F. L.), herein called
I. A. M. Local 453, withdrew from the proceedings and indicated that International Asso-
ciation of Machinists Local Union # 1405 (Al'..'of L.), herein called I . A. \I. Local 1405,
was the' organization claiming to represent the employees here involved . At the hearing,
Local 7P6 of the United Electrical , Radio & Machine Workers of America (C. I. 0.),
herein called U. E. Local 706 , also waived its claim to represent any of the employees
here involved . All the formal papers subsequent to the hearing were captioned as indi-
cated above.
z The'Stipulation incorrectly gave this date as August 12, 1941.
3f N. L . It. B., No. 152.
433118-42-vol. 36-4G 705
706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-representatives pursuant to Section 9, (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On September
17, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On September 19, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, U. E.
Local 706, International Association of Machinists, and I. A. M.
Local 453. Pursuant to notice, a hearing was held at Mansfield, Ohio,
on September 25, 1941, before Max W. Johnstone, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The Company,
U. E. Local 706, I. A. M. Local 453, and I. A. M. Local 1405 were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
Thereafter, on October 13 and 14, 1941, the Company, I. A. M.
Local 1405, and the Regional Director entered into a "STIPULA-
TION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on October 15, 1941, under the direction and supervision of
the Regional Director among all employees of the Company, exclud-
ing polishers, buffers, platers and platers' helpers, supervisors, fore-
men, watchmen, timekeepers, office and clerical help, tool and die
makers, machinists and apprentices, and inspectors under the super-
vision of the engineering department, but including shippers and
receivers, to determine whether or not such employees desired to be
represented by I. A. M. Local 1405 for the purposes of collective
bargaining. On October 17, 1941, the Regional Director issued and
duly served upon the Company and I. A. M. Local 1405 an -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______________________________________ 333
Total ballots cast___________________________________________ 218
Total ballots challenged_____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots__________________________________________ 0
Total valid ballots cast --------------------------------------
Votes cast for Local Union #1405, International Association
218
of Machinists (A. F. of L.) ------------------------------- 210
Votes cast against Local Union # 1405, International Associa-
tion of Machinists (A. F. of L.) --------------------------- 8
DOMINION ELECTRICAL MANUFACTURING, INC. 707
On the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following
FINDINGS OF FACT
L A question afecting commerce has arisen concerning the rep-
resentation of employees of Dominion Electrical Manufacturing,
Inc., Mansfield, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company, excluding polishers, buffers,
platers and platers' helpers, supervisors, foremen, watchmen, time-
keepers, office and clerical help, tool and die makers, machinists and
apprentices, and inspectors under the supervision of the engineering
department, but including shippers and receivers, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. International Association of Machinists Local Union #1405
(A. F. of 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 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,
IT is HEREBY CERTIFIED that International Association of Machin-
ists Local Union #1405. (A. F. of L.) has been designated and
selected by a majority of all employees of Dominion Electrical Man-
ufactur-ing,,tnc.,'Mansfield, Ohio, excluding polishers, buffers, platers
and; platers' helpers;, supervisors, foremen, watchmen,, timekeepers;
office and clerical help, tool and die makers, machinists and appren-
tices, and inspectors under the supervision of the engineering depart-
ment; but including shippers and receivers, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, International Association of Machinists Local
Union #1405, (A. F. of L.) 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.