Yale & Towne Mfg. Co.

National Labor Relations Board - Board DecisionsApr 20, 1942

40 N.L.R.B. 761 (N.L.R.B. 1942)

In the Matter of AUTOMATIC TRANSPORTATION COMPANY, DIvIsIoN OF THE YALE & TOWNE MFG. CO. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-3551 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 10, 1942 On March 18, 1942, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on April 1, 1942, under the direction and supervision of the Regional Director for the Thir- teenth Region (Chicago, Illinois). On April 1, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Number eligible-------------------------------------------- 494 Number of ballots cast------------------------------------- 449 Number of'blank ballots---------- ------------------------- 0 Number of void ballots------------------------------------ 0 Number of ballots challenged ( not opened ) ----------------- 24 Number of valid ballots counted- --------------------------- 425 Number of valid ballots counted plus unopened challenged ballots--------------------------------- --- 449 Number of valid ballots necessary for majority -------------- 225 Number of valid ballots cast for International Union, United Automobile , Aircraft & Agricultural Implement Workers of America , affiliated with the C. I. 0--------------------- 289 Number of valid ballots cast for Walker-Automatic Independ- ent Labor Association----------------------------------- 83 Number of valid ballots cast for neither--------------------- 53 1 39 N. L R. B. 898. 40 N. L R. B., No. 126 761 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On April 4, 1942, Walker-Automatic Independent Labor Associa- tion, herein called the Independent, filed "Objections to Election and Regional Director's Election Report," and on April 6, 1942, filed a petition with the Board for a run-off election. On April 13, 1942, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued a report in which he found the objections to be without merit. The Independent objects to the failure of the Regional Director to rule upon the validity of the 24 challenged ballots and to his alleged refusal to determine the eligibility of 19 other employees. Since a determination of these matters would not affect the results of the election, we find that the objections raise no substantial or material issues with respect to the conduct of the ballot or the Election Report. Accordingly, the objections are hereby overruled and the petition for a run-off election is hereby denied. 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended. IT IS HEREBY CERTIFIED that International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, affiliated with 'the C. I. 0., has been designated and selected by a majority of all production and maintenance employees of Automatic Transportation Company, Division of the Yale & Towne Mfg. Co., at its Chicago, Illinois, plant, including stock-record and stock clerks and operating engineers, but excluding foremen, assistant foremen, working foremen, supervisory employees, office clerical employees, timekeepers, and watchmen, as their representative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.