Excel Curtain Co., Inc.

National Labor Relations Board - Board Decisions

Sep 5, 1940

27 N.L.R.B. 74 (N.L.R.B. 1940)

In the Matter of ExCEL CURTAIN COMPANY, INC. and INTERNATIONAL
ASSOCIATION. OF MACHINISTS , LODGE 1384 and FACTORY COMMITTEE,
PARTY TO THE CONTRACT
Cases Nos . C-1450 and R-1555
AMENDED DIRECTION OF ELECTION
September 5, 1940
On July 16 , 1940, the National Labor Relations Board, herein called
the Board , issued a Decision , Order and Direction of Election in
the above -entitled proceeding .' The Direction of Election provided
that an election by-secret ballot be conducted at such time-as the
Board shall in the future direct-among the tool and die makers and
experimental men employed by Excel Curtain Company , Inc., exclud-
ing foremen , to .determine whether or not they desire to be repre-
sented by International Association of Machinists , Lodge 1384, for
the purposes of collective bargaining.
Thereafter the Regional Director reported to the Board that the
Company has fully complied with the Order of the Board in the
above-entitled proceeding and recommended that the Board fix a
date for the conduct of the election . We shall direct that employees
in the appropriate unit during the pay-roll period next preceding the
date of this Amended Direction of Election be eligible to vote.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Sectibri 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Excel Curtain Company, Inc., Elkhart, Indiana, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Amended Direction of Elec-
2 25 N L. R. B. 557.
27 N. L. R. B., No. 16.
74
EXCEL CURTAIN COMPANY, INC. 75
tion, under the direction and supervision of the Regional Director
for the Thirteenth -Region,, acting in this matter as agent for the
Board and subject to Article III, Section 9, of said Rules and Regu-
lations, among the tool and die makers and experimental men who
were employed by Excel Curtain Company, Inc. during the pay-roll
period next preceding the date of this Amended Direction of Elec-
tion, including employees who did not work during such pay-roll
period because they were ill, or on vacation, or then temporarily laid
off, but excluding foremen and employees who since such pay-roll
period have quit or been discharged for cause, to determine whether
or not they desire to be represented by International Association of
Machinists, Lodge 1384, for the purposes of collective bargaining.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 5, 1940
On July 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election
in the above-entitled proceeding.' On September 5, 1940, the Board
issued an Amended Direction of Election. Pursuant to the Amended
Direction of Election, an election by secret ballot was conducted on
September 13, 1940, under the direction and supervision of the. Re-
gional Director for the Thirteenth Region (Chicago, Illinois). On
September 16, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued his Election Report, copies of
which were duly served upon the parties. No objections to the con-
duct of the ballot or the Election Report have been filed by any of
the parties.
As to the balloting and the results thereof the Regional Director
reported as follows :
Total number of ballots cast_________________________________ _20
Total number on eligibility list______________________________ 20
Total number of ballots cast for International Association
of Machinists, Lodge 1384________________________________ 12
Total number of ballots cast against International Association
of Machinists, Lodge 1384________________________________ 8
Total number of challenged ballots___________________________ 0
Total number of blank ballots_____________________________ 0
Total number of void ballots_____'__________________________ 0
'25N L R.B 557
76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section fj (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
Lodge 1384, has been selected by a majority of the tool and die
makers and experimental men, excluding foremen, employed by Excel
Curtain Company, Inc., Elkhart, Indiana, as their representative for
the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act,
International Association of Machinists, Lodge 1384, is the exclu-
sive 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.
27 N. L. R. B., No. 16a.