The Ohio Foundry Co.

National Labor Relations Board - Board Decisions

Aug 11, 1941

34 N.L.R.B. 143 (N.L.R.B. 1941)

In the Matter of TI-IF. OIIIo FouNDRY COMPANY , PLANT No. 2 and
UNITED AUTOMOBILE WORKERS OF AMERICA (A. F. L.)
Case No. R-0833.-Decided August 11, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election
Mr. Hugh E. Sperry, for the Board.
Illr. J. C. MMlaher, of Cleveland, Ohio, for the Company.
Mr. John look, of Cleveland, Ohio, for the Union.
Mllr. Louis CDin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TI-IE CASE
On June 2,1941, United Automobile Workers of America (A. F. L.),
herein 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 representation of em-
ployees of The Ohio Foundry Company, Plant No. 2; herein called
the Company, engaged in the foundry business at Cleveland, Ohio, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 15, 1941, the Company, the Union,
and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION" On July 18,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Sec-
tion 9, 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.
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 24, 1941, under the direction and supervision of the
Regional Director, among all production and maintenance employees
at Plant No. 2 of the Company, excluding foremen, supervisors, office
workers, patternmakers, and truck drivers, to determine whether or
not said employees desire to be represented by the Union. On July
34 N. L R. B., No 24.
143
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2511941, 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 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 :
Total on eligibility list-------------------------------------------------- 345
Total ballots cast --------------------------------------------------------- 292
Total ballots challenged-------------------------------------------------- 1
Total blank ballots------------------------------------------------------ 1
Total void ballots------------------------------------------------------- 0
Total valid votes cast--------------------------------------------------- 290
Votes cast for United Automobile Workers of America, (A. F. L.) ---------- 191
Votes cast against United Automobile Workers of America, (A. F. L.) -------- 99
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 Ohio Foundry Company, Cleveland,
Ohio, 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 at Plant No. 2 of the
Company, excluding foremen, supervisors, office workers, pattern-
makers, and truck drivers, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b) of
the National Labor Relations Act.
3. United Automobile Workers of America, (A. F. L.) 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 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 Rela-
tions Act
IT IS HEREBY CERTIFIED that, United Automobile Workers of America,
(A. F. L.) has been designated by a majority of all production and
maintenance employees at Plant No. 2 of The Ohio Foundry Company,
Cleveland, Ohio, excluding foremen, supervisors, office workers, pat-
ternmakers, and truck drivers, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a) of
the Act, United Automobile Workers of America, (A. F. L.) is the
exclusive representative of all such employees in respect to rates of
pay, wages, hours of employment, and other conditions of employment.