Noblitt-Sparks Industries, Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1942

43 N.L.R.B. 70 (N.L.R.B. 1942)

In' the Matter of NOBLITT-SPARKS' INDUSTRIES, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE' C. I. 0.
Case No. R-4998.-Decided August 12, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Yandell C. Cline, of Columbus, Ind., for the Company.
Mr. Joseph V. Gavin, of Indianapolis, Ind., for the C. I. 0.
Mr.. Donald P. Shinn,.of Columbus, Ind.,, for the Independent.
Mary M. Persinger, of counsel ,to the'Board.
DECISION .
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT or THE CASE
Upon petition duly filed by. International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, affili-
ated with the C. I. 0., herein, called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Noblitt-Sparks Industries, Inc., herein called the Com-
pany, engaged at Columbus, Indiana,,in the manufacture of war ma-
terials, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice. On July 1, 1942, before a hearing was
held, the Company, the C. I. 0., Columbus Industrial Workers Union,
herein called the Independent, and the Regional Director for .the'
Eleventh Region (Indianapolis, Indiana) entered into a "STIPULA-
TION FOR CERTIFICATION UPON CONSENT ELECTION
Pursuant to 'the stipulation, an election by secret ballot was, con-
ducted- on July 10, 1942, under the direction and supervision of the,
Regional Director, among all*production and maintenance employees
of the Company at its Columbus, Indiana, plants, excluding all super-
visory, clerical, engineering, and plant protection employees, to deter-
mine whether they desired to be represented by the C. L 0., by the
Independent, or by neither. On July, 11, 1942, the Regional Director
issued and duly served" upon the parties an Election Report on the
43 N. L. R. B., No. 6.
70
NOBLITT-SPARKS INDUSTRIES, INC. 71
ballot. No objectioiis'to the conduct of the ballot or to -the Election
Report have been filed by any of the parties.
As f6 the balloting and 'its results, the Regional Director reported
as 'follows
Total on eligibility list____________________________ :1044
Total ballots cast------------------' ------ 956 '.
Total ballots challenged____________________________________ 30
Total .blank ballots ---------------- ---- ------- - ---------
Total void ballots---------------------------------------- 0
Total valid votes counted__________________________________ • 923
Votes cast for International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, affili-
ated with the C. I. 0---------- ----------------- 253
Votes cast for Columbus Industrial Workers Union ----------- 607
Votes cast for neither______________________________________ 63
Since the results of the election would not be materially affected
by a disposition of the challenged ballots, it is unnecessary to determine
the validity of the challenges.
.Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has. arisen concerning the repre-
sentation of employees of Noblitt-Sparks Industries, Inc., Columbus,
Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company at its
Columbus, Indiana, plants, excluding 'supervisory, clerical, engineer-
ing, and plant protection employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act. -
3. Columbus Industrial Workers Union, unaffiliated, has been desig-
nated and selected by a majority of employees in the above unit as
their representative for the purposes of collective bargaining and is
the exclusive representative of all employees in said unit within the
meaning of Section 9 (a) of the 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 Relations Act,
IT IS HEREBY CERTIFIED that Columbus Industrial Workers Union,
unaffiliated, has been designated and selected by a majority of all pro-
duction and maintenance employees of the Company at its Columbus,
Indiana, plants, excluding supervisory, clerical, engineering, and plant
72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
protection employees, as their representative for the purposes of col-
lective bargaining and that pursuant to Section 9 (a) of the Act,
Columbus Industrial, Workers Union, unaffiliated, is the exclusive
representative of all such employees for the purposes of collective bar-
gaining .with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Certification of Representatives.