The Galion Iron Works & Mfg. Co.

National Labor Relations Board - Board Decisions

Sep 3, 1941

35 N.L.R.B. 154 (N.L.R.B. 1941)

In the Matter of THE GALION IRON WORKS & MFG. Co. and LODGE 1151,
INTERNATIONAL ASSdCIATION OF MACHINISTS, AND LOCAL 169, INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION (BOTH AFFILIATED
WITH THE A. F. OF L.)
Case No. R-2878.Decided September 3, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Hugh E. Sperry and Mr. Harry L. Lodish, for the Board.
Mr. Ralph E. Boyd and Mr. Robert Burden, of Galion, Ohio, for the
Company.
Mr. R. D. Rw t, of Mansfield, Ohio, for Lodge 1151, International
Association of Machinists.
Mr. Earl E. Houseberg, of Galion, Ohio, for Local 169, International
Molders and Foundry Workers Union.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 3, 1941, Lodge 1151, International Association of Machin-
ists, and Local 169, International Molders and Foundry Workers
Union, herein collectively called the Union, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning-the repre-
sentation of employees of The Galion Iron Works & Mfg. Co., herein
called the Company, engaged in the manufacture of graders, rollers,
and other road machinery, at Galion, Ohio, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On July 31, 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
35 N. L. R. B., No. 32.
154
THE GALION IRON WORKS & MFG. CO. 155
appropriate hearing upon clue notice. On July 30,1941, the Company,
the Union, and the Regional Director entered into it "STIPULATION
FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 5, 1941, under the direction and supervision of the
Acting Regional Director among all foundry, machine shop, and
production employees of the Company who were on its pay roll for
the period ending July 15, 1941, exclusive of foremen, supervisors,
clerical workers, timekeepers and rate setters, to determine whether
said employees desire to be represented for the purposes of collective
bargaining by the Union. On August 6, 1941, the Acting 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 Elec-
tion Report have been filed by any of the parties.
In his Election Report, the_Acting Regional Director reported a's
follows, concerning the balloting and its results :
Total eligible to vote______________________________________ 290
Total ballots cast -------------- ------------ - --------------- 279
Total ballots challenged___________________------------------------------------ 0
Total blank ballots_______________________________________ 0
Total void ballots________________________________________ 0
Total valid votes cast_____________________________________ 279
Votes cast for Lodge 1151, International Association of Ma-
chinists and Local 169, International Molders and Foundry
Workers Union (A. F. of L.) ---------------------------- 171
Votes against Lodge 1151, International Association of Ma-
chinists and Local 169 , International Molders and Foundry
Workers Union (A. F. of L.) ---------------------------- 108
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 Galion Iron Works & Mfg. Co., Galion,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All foundry, machine shop, and production employees of the
Company, exclusive of. foremen, supervisors, clerical workers, time-
keepers and rate setters, constitute a, unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Lodge 1151, International Association of Machinists and Local
169, International Molders and Foundry Workers Union, both affil-
iated with the American Federation of Labor, have been designated
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,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 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 Lodge 1151, International Association
of Machinists and Local 169, International Molders and Foundry
Workers Union, both affiliated with the American Federation of
Labor, have been designated and selected by a majority of all foundry,
machine shop, and production employees of The Galion Iron Works
& Mfg. Co., Galion, Ohio, exclusive of foremen, supervisors, clerical
workers, timekeepers and rate setters, as their representative for the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, Lodge 1151, International Association of
Machinists and Local 169, International Molders and FoundryWork-
ers Union, both affiliated with the American Federation of Labor, 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.