Locke Machine Co.

National Labor Relations Board - Board Decisions

Oct 13, 1942

44 N.L.R.B. 1117 (N.L.R.B. 1942)

In, the Matter of'LOCKE MACHINE Co. and UAW-LOCAL 217 (CIO)
Case No. R-4369.Decided October 13, 1940
Practice :and Procedure : petition dismissed where results of an election, held
pursuant,to a stipulation for certification upon consent election, showed that
no representative had been selected by a majority of the employees. in the
appropriate unit.
Mr. E. H. Baker, Jr., of Cleveland, Ohio, for the Company.
Mr. Clifford W. Boldt, of Cleveland, Ohio, for the Union.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
ORDER-
STATEMENT OF THE'CASE
On September, 19, 1942, Local 217, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, affiliated with the-CIO, herein called the Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce has arisen concerning
representation of employees of Locke Machine Co., engaged in the'
manufacture of• machine parts at Cleveland, Ohio, and requesting an
investigation and certification of representatives, pursuant to Sec-
tion 9 (c) of the National Labor Relations Act. On September 24,
1942, the Company, the Union, and the Regional Director entered into
a "Stipulation'for Certification Upon Consent Election." On Septem-
ber 25, 1942, 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 Regula-
tions-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.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 1, 1942, under the direction and' supervision of the
Acting Regional Director, among all production and maintenance
employees at the company's E. 63rd Street plant in Cleveland, Ohio,
except foremen .and other supervisory persons, office and clerical em-
44 N. L. R. B.,, No. 217.
1117
1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, and watchmen and guards to determine whether or not they
desire to be represented by the Union. On October 3, 1942, the Act-
ing Regional Director issued and duly served upon the parties his
Election Report on the ballot . No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
In his Election Report the Acting Regional Director reported as
follows coilcernillg _ the ballot , anti its results :
Total on eligibility list --------------------------------- ----- 127
Total ballots cast------------------------------------------- 93
Total ballots challenged --------------------- ----------------
blank ballots------------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 93
Votes cast for UAW-LOCAL 217 (CIO) --------------------- 43
Votes cast against UAW-LOCAL 217 (CIO) ---------------- 50
The result of the election shows that no collective bargaining rep-
resentative has been selected by the employees in the appropriate unit.
The Union's petition for investigation and certification will therefore
be dismissed. I
ORDER
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 ORDERED that the petition for investigation and certifi-
cation of representatives of employees of the Locke Machine Co. at its
E. 63rd Street plant in Cleveland, Ohio, filed by United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the CIO, Local 217, be, and it hereby is, dismissed.