Ward Leonard Electric Co.

National Labor Relations Board - Board Decisions

Sep 18, 1941

35 N.L.R.B. 509 (N.L.R.B. 1941)

In the Matter of WARD LEONARD ELECTRIC Co. and WARD LEONARD
ELECTRIC EMPLOYEES LABOR ORGANIZATION
Case No. B-2913.-Decided September 18, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mrs. Elinore M. Herrick, for the Board.
Mr. F. H. Bullinger, for the Company.
Mr. John D. Gough, of Brooklyn, N. Y., for the Organization.
Mr. Charles Kamens, of Tuckahoe, N. Y., for Local 140.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 6, 1941, and on June 18, 1941, respectively, Ward Leonard
Electric Employees Labor Organization, herein called the Organiza-
tion, filed with the Regional Director for the Second Region (New
York City) a petition and an amended petition, each alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Ward Leonard Electric Co., herein called the
Company, engaged in the manufacture, sale, and distribution of
electrical control devices at Mount Vernon, New York, and request-
ing 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 August 4, 1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9
(c) of the Act, and Article III, Section 3, of National Labor Rela-
tions 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
July 25, 1941, the Company, the Organization, United Construction
Workers, Local 140, C. I. 0., herein called the C. I. 0., and the
Regional Director entered into a "STIPULATION FOR CERTI-
35 N. L. R: B., No. 115.
509
510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FICATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 11, 1941, under the direction and supervision of
the Regional Director, among all employees of the Company, ex-
cluding supervisors, to determine whether they desired to be repre-
sented by the Organization or by the C. I. 0., for the purposes of
collective bargaining, or by neither.
On August 14, 1941, the Regional Director issued and duly served
upon the parties her 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 her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total Number Eligible to Vote____________________________ 950
Total Number of Ballots Cast____________________________ 855
Total Number of Valid Ballots____________________________ 855
Total Number of Votes in favor of Ward Leonard Electric
Employees Labor Organization__________________________ 747
Total Number of Votes in favor of United Construction
Workers, Local 140, C. I. O_____________________________ 70
Total Number of Votes in favor of neither union____ ________ 38
Total Number of Void Ballots_____________________________ 0
Total Number of Blank Votes------ .----------------------- 0
Total Number of Challenged Votes________________________ 0
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FAOr
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ward Leonard Electric Co., Mount Ver-
non, New York, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All employees of the Company, excluding supervisors, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Ward Leonard Electric Employees Labor Organization 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 employees in said unit
within the meaning of Section 9 (a) of the National Labor Relations
Act.
WARD LEONARD ELECTRIC CO . 511
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 Ward Leonard Electric Employees
Labor Organization has been designated and selected by a majority
of all employees of Ward Leonard Electric Co., Mount Vernon,
New York, excluding supervisors , as their representative for the
purposes of collective bargaining , and that, pursuant to the provi-
sions of Section 9 (a) of the Act , Ward Leonard. Employees Labor
Organization 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-