A C Sparkplug Co.

National Labor Relations Board - Board Decisions

Jan 6, 1941

28 N.L.R.B. 903 (N.L.R.B. 1941)

In the Matter of A C SPARKPLUG COMPANY, A MICHIGAN CORPORA-
TION and UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED
WITH THE C. I. O.
Case No. R-0335.-Decided January 6, 19.117
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. G. L. Patterson, for the Board.
Mr. Denton Jolly, of Detroit, Mich., for the Company.
Mr. Ben Meyers, of Chicago, Ill., for the Union.
Miss Grace MeEldowney, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On November 26, 1940, United Automobile Workers of America,
affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a
petition, and on December 11, 1940, an amended petition, alleging
that a question, affecting commerce had arisen concerning the repre-
sentation of employees of A C Sparkplug Company, a Michigan
corporation, herein called the Company, engaged in the recei, ing
and shipping of spark plugs and other automobile accessories at
Chicago, Illinois, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On December 12, 1940,
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 appropriate hearing
upon due notice. On December 13, 1940, the Company, the Union,
and the Board entered into a "Stipulation for Certification of Repre-
sentatives Upon Consent Election."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on December 16, 1940, under the direction and supervision of
the Regional Director among all the warehouse employees of the
28 N. L. R. B., No. 136.
903
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company except warehouse supervisor, -foremen, assistant foremen,
and office employees, to determine whether or not said employees
desired to be represented by United Automobile Workers of
America, affiliated with the C. I. O. On December 16, 1940, 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 :
Total number on eligible list--------------------------------- 24
Total ballots cast--------------------------------------------- 21
Total ballots challenged-------------------------------------- 0
Total blank ballots-------------------------------- ---- ---------------- 0-
Total void ballots-------------------------------------------- 0
Total valid ballots cast for United Automobile Workers of
America--------------------------------------------------- 21
Total valid ballots cast against United Automobile Workers
of -America ------------------------------------------------ 0
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 A C Sparkplug Company, a Michigan
corporation, Chicago, Illinois, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All warehouse employees of the Company except warehouse
supervisor, foremen, assistant foremen, and office employees, 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. United Automobile Workers of America, affiliated with' the
C. I. O., • 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
Relations Act,
IT IS HEREBY CERTIFIED that United Automobile Workers of
America, affiliated with the C. I. 0., has been designated and selected
A C SPARKPLUG COMPANY 905
by a majority of the warehouse employees of A C Sparkplug Com-
pany, a Michigan corporation , Chicago, Illinois, excluding warehouse
supervisor , foremen, assistant foremen, and office employees, as their
representative for the purposes of collective bargaining , and that
pursuant to the provisions of Section 9 (a) ` of the Act, United Auto-
mobile workers of America, affiliated with the C. I. 0., 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.