General Industries Co.

National Labor Relations Board - Board Decisions

Mar 28, 1940

22 N.L.R.B. 45 (N.L.R.B. 1940)

In the Matter of GENERAL INDUSTRIES COMPANY and MECHANICS EDU-
CATIONAL SOCIETY OF AMERICA, LOCAL No. 18 (UNAFFILIATED)
Case No. R-1696
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
March 28, 1940
On March 5, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections" in
the above-entitled proceedings. Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on March 12, 1940,
under the direction and supervision of the Regional Director for the
Eighth Region (Cleveland, Ohio). On March 13, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served on the parties an Election Report, containing a tally
of the ballots. In his report the Regional Director certified that the
ballot was fairly and impartially conducted, that the ballots cast were
duly and fairly counted under his supervision, and that statements to
such effect had been filed with him by the tellers. No objections 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 :
Power House Employees
Total on eligibility list______________________________________ 18
Total ballots cast------------------------------------------- 15
Total votes for Mechanics Educational Society of America,
Local 18-------------------------------------------------- 0
Total votes cast for International Brotherhood of Firemen
& Oilers, Local 198 (AFL)________________________________ 15
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total challenged votes______________________________________ 0
Total votes for neither organization__________________________ 0
121 N. L . R B. 131.
22 N. L . R. B. No. 3
45
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Department 13
Total on eligibility list_______________________________________ 157
Total ballots cast___________________________________________ 134
Total votes cast for Mechanics Educational Society of America,
Local 18-------------------------------------------------- 4
Total votes cast for'Federal Labor Union, No. 20932 (AFL)__ 108
Total votes cast for neither organization___________________ 22
Total blank ballots----------------------------------------- 0
Total void ballots___________________________________________ 0
Total challenged votes__ ____________________________________ 0
Factory Employees
Total on eligibility list______________________________________ 708
Total ballots cast------------------------------------------- 587
Total votes cast for Mechanics Educational Society of America,
Local 18-------------------------------------------------- 390
Total votes cast for American Federation of Labor ----------- 68
Total votes cast for neither organization____________________ 129
Total blank ballots ----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total challenged votes-------------------------------------- 0
In the Decision and Direction of Elections previously referred to,
the Board stated that upon the results of the elections would depend
the appropriate unit or units, that "the desires of the employees shall
be the determining factor in fixing the appropriate unit or units for
the employees now under discussion."
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all employees in the powerhouse, excluding super-
visory employees (including foremen and assistant foremen), con-
stitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective :bargaining
and otherwise effectuate the policies of the Act.
We find that all employees in Department 13, including job-set-
ters and inspectors, but excluding clerical and supervisory employees
(including foremen and assistant foremen), constitute'a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
We find that all factory employees, including job-setters and in-
spectors, but excluding powerhouse and toolroom employees, plastic
compression moulders (Department 13 employees), and clerical and
supervisory employees (including foremen and assistant foremen),
constitute a unit appropriate for the purposes of collective bargaining
GENERAL INDUSTRIES COMPANY 47
and said unit will insure to employees of the Company the full benefit
-Of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
Upon the basis of the above supplemental findings of fact and
the entire record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees in the powerhouse , excluding supervisory em-
ployees ( including foremen and assistant foremen ), constitute a unit
.appropriate for A he purposes of collective bargaining within the
meaning , of Section 9 (b) of the National Labor Relations Act.
2. All employees in Department 13, including job-setters and in-
spectors , but excluding clerical and supervisory employees ( includ-
ing foremen and assistant foremen ), constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
3. All factory employees , including job-setters and inspectors, but
excluding powerhouse and toolroom employees , plastic compression
moulders ( Department 13 employees ), and clerical and supervisory
employees ( including foremen and assistant foremen ) constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
CERTIFICATIONS 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, 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 Brotherhood of Firemen
and Oilers , Local No. 198 ( A. F. L.), has been designated and se-
lected by a majority of all employees in the powerhouse of General
Industries Company, Elyria , Ohio, excluding supervisory employees
(including foremen and assistant foremen ), as their representative
for the purposes of collective bargaining , and that, pursuant to Sec-
tion 9 ( a) of the Act, Brotherhood of Firemen and Oilers, Local
No. 198, affiliated with the American Federation of Labor, 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 ;
IT IS HEREBY FURTHER CERTIFIED that Federal Labor Union, No.
20932 (A. F. L.), has been designated and selected by a majority of
all employees in Department 13, of General Industries Company,
Elyria , Ohio, including job-setters and inspectors , but excluding
48y DECISIONS OF NATIONAL LABOR RELATIONS-BOARD , , _,
clerical and supervisory employees (including foremen and assistant
foremen), as their representative for the purposes of collective bar-
gaining and that, pursuant to Section 9 (a) of the Act, Federal
Labor Union, No. 20932, affiliated with the American Federation of
Labor, 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;
IT IS HEREBY FURTHER CERTIFIED that Mechanics Educational, Society
of America, Local 18 (unaffiliated), has been designated and selected
by a majority of all factory employees of General Industries Com-
pany, Elyria, Ohio, including job-setters and inspectors, but ex-
cluding powerhouse and toolroom employees, plastic compression
moulders (Department 13 employees), and clerical and supervisory
employees (including foremen and assistant foremen), as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to Section 9 (a) of the Act, Mechanics Educational Society of Amer-
ica, Local 18 (unaffiliated), 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.