Oppenheimer Casing Co.

National Labor Relations Board - Board Decisions

Nov 21, 1941

36 N.L.R.B. 1190 (N.L.R.B. 1941)

III the Matter Of OPPENHEIMER CASING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE
Case No. R-3222.Decided November 21, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Frank Greenberg, of Chicago, Ill., for the Company.
Mr. Lewis J. Clark, of Chicago, Ill., for the C. I. O.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 29 and October 3, 1941, respectively, Packinghouse
Workers Organizing Committee, herein called the Union, filed with
the Regional Director for the Thirteenth Region (Chicago, Illinois)
a petition and amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Oppenheimer Casing Company, at its plant at 1016 West 36th Street,
Chicago, Illinois, herein called the Company, engaged in the process-
ing, sale, and distribution of sausage casings, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On October 11, 1941, 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 Regulations-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. On October 14, 1941,
the Company, the Union, and the Regional Director entered into
a "'STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on October 16, 1941, under the direction and supervision of
the Regional Director, among all production and maintenance em-
36 N L. R. B, No. 242.
1190
OPPENHEIMER CASING COMPANY . . 1191
ployees of the Company at its plant at 1016 West 36th Street, Chi-
cago, Illinois, who are paid on an hourly rate or a piece-work basis,
excluding office employees, foremen, full-time assistant foremen, sup-
erintendents,mnd all others who were serving in a supervisory capac-
ity, to determine whether or not they desire to be represented by the
Union for the purposes of collective bargaining. On October 20,
1941, the Regional Director issued and duly served upon the parties
an Election Report on the ballot. 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 the results thereof, the Regional Director
reported as follows :
Total number of names on eligibility list___________________ 137
Total number of ballots cast______________________________ 122
Number of ballots challenged______________________________ 3
Number of blank ballots__________________________________ 1
Number of void ballots___________________________________ None
Total number of ballots counted 118
Number of ballots voted "Yes", that is, designating Packing-
house Workers Organizing Committee as representative for
the purposes of collective bargaining_____________________ 84
Number of ballots voted "No"_____________________________ 34
Inasmuch as the challenged ballots could not affect the outcome
of the election the Regional Director made no ruling upon them.
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 Oppenheimer Casing Company, at its plant
at 1016 West 36th Street, Chicago, Illinois, within the meaning of
Section 9 (c) and Section 2 (6) and '(7) of the Act.
2. All production and maintenance employees of Oppenheimer
Casing Company, at its plant at 1016 West 36th Street, Chicago,
Illinois, who are paid on an hourly rate or a piece-work basis, exclud-
ing office employees, foremen, full-time assistant foremen, superin-
tendents, and all others who are serving in a supervisory capacity,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
3. Packinghouse Workers Organizing Committee, affiliated with
the C. I. 0., has been designated and selected by a'majority of the
employees in the above unit as their representative for the purposes
of collective bargaining, and is the exclusive representative of all the
employees in said unit within the meaning of Section 9 (a) of the
Act.
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Packinghouse Workers Organizing
Committee , affiliated with the C. I. 0., has been designated and se-
lected by a majority of all production and maintenance employees
of Oppenheimer Casing Company , at' its plant at 1016 West 36th
Street, Chicago, Illinois , who are paid on an hourly rate or a piece-
workbasis , excluding office employees, foremen , full -time, assistant
foremen, superintendents , and all others who are serving in a super-
visory capacity , as their representative for the purposes of collective
bargaining , and that, pursuant to the provisions of Section 9 (a) of
the Act, Packinghouse Workers Organizing Committee , affiliated with
the C. I. 0., is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment , and other conditions of employment.