Rex Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Aug 1, 1938

8 N.L.R.B. 763 (N.L.R.B. 1938)

In the Matter of REX MANUFACTURING Co., INC. and A. F. OF L,
FEDERAL LOCAL UNION No. 20893
Case No. R-663
CERTIFICATION OF REPRESENTATIVES
August 1, 1938
On May 10, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled proceeding. The Direction of Election provided
that an election by secret ballot be held within fifteen (15) days
from the date of the Direction among all production and mainte-
nance employees, excluding clerical employees, foremen, subforemen,
and group leaders,, who were employed by Rex Manufacturing Co.,
Inc., Connersville, Indiana, herein called the Company, during the
week ending January 8, 1938, excluding those who had since quit
or been discharged for cause, to determine whether they desired to
be represented by American Federation of Labor Federal Local
Union No. 20893 or United Automobile Workers of America, Local
No. 152, for the purposes of collective bargaining, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on May 20, 1938, at Connersville, Indiana, under the direction
and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). In the Direction of Election the local
union number of the American Federation of Labor was given as
20893, the number given in the signature to the petition for investi-
gation and certification of representatives. In preparing the ballots
the Regional Director designated the American Federation of Labor
Federal Local Union as No. 20839, which he has advised the Board
is the correct designation of the local union involved. Full oppor-
tunity was accorded to all parties to participate in the conduct of the
secret ballot and to make challenges. On May 23, 1938, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties to the proceeding his Intermediate
Report upon the secret ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible to vote_________________ 1,022
Total number of employees voted_________________________ 791
17N L.R.B 95.
8 N L R B., No. 86.
763
764 NATIONAL LABOR RELATIONS BOARD
Total number of votes cast______________________________ 773
Total number of votes for the American Federation of
Labor Federal Local Union No. 20839_______ ____________ 446
Total number of votes for the United Automobile Workers
of America , Local No. 152, affiliated with C. I. 0___________ 299
Total number of votes for neither organization____________ 8
Total number of blank ballots_____________________________ 0
Total number of void ballots_____________________________ 2
Total number of challenged ballots_________________________ 16
United Automobile Workers of America, Local 152, filed with the
Regional Director objections to the ballot alleging in substance that
the pay roll furnished by the Company for the purpose of the elec-
tion was invalid, that supervisory employees of the Company had
prior to the election attended meetings of American Federation of
Labor Federal Local No. 20839, and that the Company had con-
tributed to a campaign fund for that organization. On June 7,
1938, the Regional Director, having found after investigation that
none of the objections raised any substantial or material issue with
respect to the conduct of the ballot, overruled said objections and for-
warded his Intermediate Report, together with said objections, to the
Board.
The Board has considered the objections, and no reason appearing
why the Regional Director's ruling should.not be sustained, the
Board hereby overrules said objections.
We shall certify the American Federation of Labor Federal Local
Union in the style in which it appeared upon the ballot, since that
appears to be its correct name and no objection was made to the
form of the ballot.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended, .
IT IS HEREBY CERTIFIED that American Federation of Labor Federal
Local Union No. 20839 has been selected by a majority of all produc-
tion and maintenance employees of Rex Manufacturing Co., Inc.,
Connersville, Indiana, excluding clerical employees, foremen, sub-
foremen, and group leaders, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, American Federation of Labor Fed-
eral Local Union No. 20839 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 employ-
ment.