Indianapolis Paint & Color Co.

National Labor Relations Board - Board Decisions

Mar 10, 1942

39 N.L.R.B. 659 (N.L.R.B. 1942)

In the Matter Of INDIANAPOLIS PAINT & COLOR Co. and CHEMICAL
DIVISION OF DISTRICT No. 50 UNITED MINE WORKERS OF AMERICA,
AFFILIATED WITH THE CIO
In the Matter Of INDIANAPOLIS PAINT AND COLOR Co. and COAL,
ICE, BUILDING MATERIAL DRIVERS AND HELPERS, LOCAL No. 716,
OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS
WAREHOUSEMEN AND HELPERS , AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Cases Nos. R-3332 and R-3333, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
March 10, 1942
On January 13, 1942, the National Laboi Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceeding.' Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on February 10, 1942,
under the direction and supervision of the Regional Director for the
Eleventh Region (Indianapolis, Indiana). On February 24, 1942, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules- and Regulations-Series 2, as
amended, issued an Election Report, copies of which were duly served
on the parties. No objections to the conduct of the ballot or to the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows: -
Group 1. Truck drivers, warehousemen and helpers
Total on eligibility list_______________________________ 15
Total ballots cast____________________________________ 14
Total ballots challenged______________________________ 1
Total blank ballots__________________________________ 0
Total void ballots___________________________________ 0
Total valid votes counted_____________________________ 13
Votes cast for Chemical Division of District No. 50 United
Mine Workers of America (CIO) -------------------- 6
1 38 N. L. R. B. 185.
.39 N. L. R. B., No. 124.
659
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Votes cast for Coal, Ice, Building Material Drivers and
Helpers, Local No. 716 of the International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and
Helpers (AFL) ------------------------------------ 7
Votes cast for neither organization--------------------- 0
Group 2. Production and maintenance employees
Total on eligibility list------------------------------- 35
Total ballots cast------------------------------------ 32
Total ballots`challenged ------------------------------ 0
Total blank ballots---------------------------------- 0
Total void ballots----- ------------------------------ 0
Total valid votes counted----------------------------- 32
Votes cast for Chemical Division of District No. 50 United
Mine Workers of America (CIO) -------------------- 25
Votes cast against Chemical Division of District No. 50
United Mine Workers of America (CIO) -------------- 7
With respect to the challenged ballot shown in Group 1 above,
the Regional Director ruled that this ballot should not be counted.
None of the,parties has excepted to the Regional Director's ruling,
which is hereby affirmed.
In the Decision and Direction -of Elections previously referred to
the' Board made no final determination as to the appropriate unit
or units. The Board therein stated that such determination would
depend in part upon the results of the elections, and that "if a ma-
jority of the warehousemen, truck drivers, and helpers select the
Teamsters as their representative, they will constitute a separate and
distinct bargaining unit; if a majority of them choose the U. M. W. A.
and a majority of the, production and maintenance employees also
express their desire to be represented by the U. M. W. A., then the
two classes of employees shall together constitute a single unit.'-'
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that the truck drivers, warehousemen, and helpers employed
by Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding
office and supervisory employees and shipping and receiving clerks
constitute 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 will effectuate the policies of the Act.
We find that all production and maintenance employees (including
working foremen). employed by Indianapolis Paint & Color Co.,
Indianapolis, Indiana, excluding office and supervisory employees,
chemists, and glaziers constitute 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
INDIANAPOLIS PAINT & COLOR CO 661
and to collective bargaining and other-wise will effectuate the policies
of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case , the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The truck drivers, warehousemen , and helpers employed by the
Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding
office and supervisory, employees and shipping and receiving clerks
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
2. The production and maintenance employees ( including working
foremen ) employed by the Indianapolis Paint & Color Co., Indian-
apolis, Indiana, excluding office and supervisory employees, chemists,
and glaziers constitute a unit appropriate for the purposes of col-
lective 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 Coal , Ice, Building Material Drivers
and Helpers , Local No. 716 of the International Brotherhood of
Teamsters , Chauffeurs , Warehousemen and Helpers , affiliated with the
American Federation of Labor , has been designated and selected by
a majority of the truck drivers, warehousemen , and helpers of the
Indianapolis Paint & Color Co., Indianapolis , Indiana, excluding
office and supervisory employees and shipping and receiving clerks,
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, Coal, Ice, Building Material Drivers and
Helpers, Local No. 716 of the International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers , affiliated with the
American Federation of Labor, 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; and
IT IS HEREBY CERTIFIED that Chemical Division of District No. 50
United Mine Workers of America, affiliated with the Congress of
Industrial Organizations has been designated and selected by a
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
majority of the production and maintenance employees including
working foremen of the Indianapolis Paint & Color Co., Indianapolis,
Indiana, excluding office and supervisory employees, chemists, and
glaziers, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, Chemical Division of District No. 50
United Mine Workers of America, affiliated with the Congress of
Industrial Organizations, 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.