National Distillers Products Corp.

National Labor Relations Board - Board Decisions

Aug 14, 1941

34 N.L.R.B. 284 (N.L.R.B. 1941)

In the Matter of NATIONAL DISTILLERS PRODUCTS CORPORATION and
UNITED DISTILLERY WORKERS LOCAL INDUSTRIAL UNION No. 758,
C. I. O.
Case No. R-2003
CERTIFICATION OF REPRESENTATIVES
Augu st 14, 1941
On January 14, 1941, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing.1 Pursuant to the Direction of Election an election by secret
ballot was conducted on January 31, 1941, under the direction and
supervision of the Regional Director for the Ninth Region (Cincin-
nati, Ohio). On February 4, 1941, the Regional Director acting pur-
suant to Article III, Section 9 of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report.
As to the balloting and its results the Regional Director reported
as follows :
Number of alleged eligible voters________________________________________ 622
Number of ballots placed in ballot box----------------------------------- 466
Number of unchallenged ballots for Distillery, Rectifying and Wine Workers'
International Union of America, A. F. of L_____________________________ 244
Number of unchallenged ballots for Local Industrial Union 758, C. I. 0______ 154
Number of unchallenged ballots for neither _______________________________ 5
Number of challenged ballots____ ________________________________________ 61
Number of blank ballots_________________________________________________ 0
Number of spoiled ballots _______________________________________________ 2
.By telegram dated February 10, 1941, objections to the Election
Report were filed with the Regional Director by Local Industrial
Union 758, C. I. O. On July 10, 1941, the Regional Director acting
pursuant to Article III, Section 9 of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued a Report on
Objections to the Election Report.
We have considered the objections of Local Industrial Union 758,
C. I. O., and the Regional Director's report thereon. We find that
the objections raise no substantial or material issues with respect to
128 N. L R B. 1260
34 N. L . R. B., No. 43.
284
NATIONAL DIiSrI"ILLERS PRODUCTS CORP. 285
the conduct of the ballot or the Election Report. The objections are
hereby overruled.
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 Distillery, Rectifying and Wine Workers'
International Union of America,' affiliated with the American Federa-
tion of Labor, has been designated and selected by a majority of all
the production employees of National Distillers Products Corporation
at its K. D. and W. plant, Louisville, Kentucky, including specifically,
but not exclusively, coopers, tinwipers, stockroom keepers, assistant
stockroom keepers, and laborers, but excluding superintendents, office
workers, forelrien, foreladies, stamp control operators, guards, nurses,
carpenters, steamfitters, electricians, machinists, power plant em-
ployees, (including only firemen, utility men, and general helpers
in the power house), cafeteria workers, assistant foremen, assistant
foreladies, and line supervisors, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, the Distillery, Rectifying and
Wine Workers' International Union of America, A. F. of L. is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
2 The Regional Director reported that it was stipulated and agreed between all parties
that the name of the union affiliated with the American Federation of Labor, which was
-designated in the Decision and Direction of Election as the American Federation of Dis-
tillery, Rectifying and Wine Workers' National Council, should appear on the ballot as
"Distillery , Rectifying and Wine Workers' International Union of America, affiliated with
the American Federation of Labor" and that in the event such union was eel lifted , it might
be certified by the Board in that terminologv