Electro-Motive Corp.

National Labor Relations Board - Board Decisions

Jan 26, 1942

38 N.L.R.B. 546 (N.L.R.B. 1942)

In the Matter of ELECTRO-MOTIVE CORPORATION and UNITED OFFICE &
PROFESSIONAL WORKERS OF AMERICA, LOCAL 24, AFFILIATED WITH
THE CIO
Case No. R-3454.-Decided January 26, 1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Charles A. Graham, for the Board.
Mr. Denton Jolly, Mr. Robert C. Carson, Mr. H. M. Hogan, and
Mr. A. T. Power, of Detroit, Mich., for the Company.
Mr. Robert Goodman, of Chicago, Ill., for the United.
Mr. Ralph S. Clifford, of counsel to the Board. -
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 17, October 28, and December 19, 1941, respectively,
United Office and Professional Workers of America, Local 24, affiliated
with the CIO, herein called the United. filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition,
an amended petition, and a second amended petition, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Electro-Motive Corporation, McCook, Illinois,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On December
2411941, 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
Director to conduct it and to provide for an appropriate hearing upon
due notice. On December 23, 1941, the Company, the United, and the
Regional Director, entered into a "Stipulation for Certification of
Representatives Upon Consent Election."
38 N. L . R. B., No. 115.
546
ELECTRO-MOTIVE CORPORATION 547
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on December 30, 1941, under the direction and supervision of
the Regional Director, among all clerical employees in the Parts
Service Department and Metallurgical Department, and all shop
clerks in Manufacturing Divisions 20, 30, 40, and 90, and Departments
3, 4, 5, and 19, excluding all supervisory employees and employees in
a confidential capacity, to determine whether or not they desired to
be represented by the United for the purposes of collective bargain-
ing. On January 3, 1942, the Regional Director issued and duly
served upon the parties his Election Report on the ballot. No ob-
jections to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_____ ____________----- ---------------------------------- 84
Total ballots cast-------------------------------------------- 80
Total ballots challenged ______________________________________ 0
Total blank ballots --------- ----------------------------------- 1
Total void ballots____________________________________________ 0
Total valid votes cast________________________________________ 79
Total number of votes cast for United Office and Professional
Workers of America, Local 24, affiliated with the C I. 0-------- 78
Total number of votes cast against United Office and Professional
Workers of America, Local 24, affiliated with the. I. 0-------- 1
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FAOr
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Electro-Motive Corporation, McCook,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All clerical employees in the Parts Service Department and
Metallurgical Department, and all shop clerks in Manufacturing Di-
visions 20, 30, 40, and 90, and Departments 3, 4, 5, and 19, exclud-
ing all supervisory employees and employees in a confidential capacity,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Net.
3. United Office and Professional Workers of America, Local 24,
affiliated with the 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 represen-
tative of all the employees in said unit, within the meaning of Section
9 (a) of the National Labor Relations Act.
548 DE'CISTONS OF NATIONAL LABOR RELATIONS BOARD
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 Office and Professional Workers
of America, Local 24, affiliated with the C. I. 0., has,been designated
and selected by a majority of all clerical employees in the Parts
Service Department and Metallurgical Department and all shop clerks
in Manufacturing Divisions 20, 30, 40, and 90, and Departments 3, 4,
5, and 19, excluding all supervisory employees and employees in a
confidential capacity, as their representative for the purposes of
collective bargaining, and that pursuant to the provisions of Section
9 (a) of the Act, United Office and Professional Workers of America,
Local 24, affiliated with the C. I. 0., 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.