Hy-Grade Food Products Corp.

National Labor Relations Board - Board Decisions

Mar 11, 1940

21 N.L.R.B. 468 (N.L.R.B. 1940)

In the Matter of HY-GRADE FOOD PRODUCTS CORPORATION and INTER-
NATIONAL UNION OF OPERATING ENGINEERS , LOCAL No. 5, (A. F. L.)
Case No. R-1660
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 11, 1940
On February 5, 1940, the National Labor Relations Board herein
called the Board, issued its Decision and Direction of Election 1 in
the above-entitled proceedings. Pursuant to the Direction of Elec-
tion , an election by secret ballot was conducted on February 21, 1940,
under the direction and supervision of the Regional Director for
the Seventh Region (Detroit, Michigan). On February 23, 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 con-
ducted, 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 :
Total number eligible to vote_________________________________ 4
Total number of ballots cast_________________________________ 4
Total number of valid votes cast - ---------------------------- ._ 4
Total number of votes for A. F. L., International Union of
Operating Engineers , Local #5____________________________ 4
Total number of votes for C. I. 0., United Packing House
Workers of America, Local #69____ ________________________ 0
Total number for neither____________________________________ 0
Total number of challenged ballots___________________________ 0
Total number of blank ballots________________________________ 0
Total number of void ballots_________________________________ 0
1 20 N L. R. B 139
21 N. L. R. B, No. 41.
468
HY-GRADE FOOD PRODUCTS CORPORATION 469
In the Decision and Direction of Election previously referred to,
the Board stated that upon the results of the election would depend
the appropriate unit, that "if a majority of engineers cast their
votes for the Operating Engineers , we shall hold that the engineers
in the powerhouse constitute a separate unit and we shall certify
the Operating Engineers as the exclusive representative thereof."
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
We find that the engineers in the powerhouse of the Company's
plant at Detroit, Michigan , constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
the 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.
SUPPLEMENTAL CONCLUSION OF LAW
The engineers in the powerhouse of the Company's plant at
Detroit, Michigan, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) 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 Re-
lations 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 Union of Operating
Engineers , Local No. 5 (A . F. L.), has been designated and selected
by a majority of the engineers in the powerhouse of the Company's
plant at Detroit, Michigan , as their representative for the purposes
of collective bargaining , and that pursuant to Section 9 (a) of the
Act, International Union of Operating Engineers , Local No. 5.
(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 conditions of employment.
283032-41-vo1 21--31.