The Formica Insulation Co.

National Labor Relations Board - Board DecisionsMay 21, 1941

31 N.L.R.B. 1160 (N.L.R.B. 1941)

11 In the Matter of THE FORMICA INSULATION COMPANY aiui UNITED ELECTRICAL, RADIO AND MACHINE WORKERS or AMERICA, C. I. O. Case No. R-2525.-Decided May 21, ,1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election Mr. Philip G. Phillips, for the Board. Cllr. D. J. O'Conor, of Cincinnati, Ohio, for the Company. Mr. Waldo Stager, of Norwood, Ohio, for the U. E. R. M. W. A. Mr. Peter G. Noll, of Cincinnati, Ohio, for the U. A. W.-A F. L. ifr. Edward Schennemannr, of counsel to the Board. DECISION' - AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF.THE CASE On March 14, 1941, United Electrical, Radio and Machine Work- ers of America, C. I. 0., herein called the U. E. R. M. W. A., filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Formica Insula- tion Company, herein called the Company, engaged in the manufac- ture and sale of plastic products at Cincinnati, Ohio, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called t lie Actâ€¢. On April S, 1941, tine 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 the saine day, the Company, the U. E. R. M. W. A., the United Automobile Workers of America, affiliated with the American Federation of, Labor, herein called the U. A. W.-A. F. L., and the Regional Director entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTA- TIVES UPON CONSENT ELECTION." On April 11, 1941, the 31 N L It B., No 176 1160 THE FORMICA INSULATION COMPANY 1161 U. A. W.-A. F. L. notified the Regional Director that they desired to withdraw from further participation in the consent election. Oh April 14, 1941, the Company, and the U. E. R. M. W. A. entered into a "SUPPLEMENTAL STIPULATION" which provided that they would adhere to the terms and conditions of the stipulation,'but that thereafter there should be no reference to the U. A. till.-A. F. L., nor should it he entitled to pal icipate further. Pursuant to the stipulation and the supplemental stipulation, an election by secret'ballot was conducted on April 21, 1941, under the direction and supervision of the Regional Director,"among all thepro- duction and maintenance employes of the Company, including spe- cifically but not exclusively, employees in the cafeteria, machine shop and tool room, and factory clerical help, but excluding foremen; supervisors, office workers, and all other employees having the right to hire and fire, to determine whether or not they desire to be repre- sented by U. E. R. M. W. A. On April 22, 1941, the 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 Regional Director reported as follows concerning the, balloting and its results : Number of alleged elegible voters__________________________ 1,205 Number of ballots placed in ballot box______________________ 999 Number of unchallenged ballots for United Electrical. Radio and nlachine^Workers of America, C I. O________________ 819 Number of unchallenged ballots against United Electrical, Radio and Machine Workers of America. C. I O---------- 163 Number of challenged ballots----------------- ------------- 5 Number of blank ballots___________________________________ 5 Number of spoiled ballots_________________________________ - 7 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 The Formica Insulation Company, Cincin- nati, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) ,ofâ€¢the,Nationalâ€¢Labor Relations Act. 2. All production and maintenance employees of the Company, in- cluding specifically but not exclusively, employees in the cafeteria, machine shop-and tool room, and factory clerical help, but excluding foremen, supervisors, office workers and all other employees having a right to hire and fire, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. United Electrical, Radio and Machine Workers of America, C. I. O. has been designated and selected by a majority of the em- ployees 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 National Labor Relations 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, United Electrical, Radio and Machine Workers of America, affiliated with the C. I. 0., has been designated and selected by a majority of the production and maintenance em- ployees of The Formica Insulation Company, Cincinnati, Ohio, in- cluding specifically but not exclusively, employees in the 'cafeteria, machine shop and tool room, and factory clerical help, but excluding foremen, supervisors, office workers, and other employees having the right to hire and fire, as their representative for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the Act, United Electrical, Radio and Machine Workers of America, C. I. O. 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.