Air Associates, Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1941

33 N.L.R.B. 543 (N.L.R.B. 1941)

In the Matter of AIR AssoclATES, INCORPORATED and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
Case No. R-2726.-Decided July 18, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Walter Chalaine, of New York City for the Company.
Mr. Harold Cammer, of New York City, for the Union.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 24, 1941, International Union, United Automobile Workers
of America, affiliated with the C. I. 0., herein called the Union, filed
with the Regional Director for the Second Region (New York City) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees at the Bendix, New Jersey,
plant of Air Associates, Incorporated, herein called the Company,
engaged in the manufacture and distribution of aviation accessories,
parts, equipment, and related products at Bendix, New Jersey, 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 June 25, 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 Re-
lations 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 June,
27, 1941, the Board, the Company, and the Union entered into a
"STIPULATION FOR CERTIFICATION OF REPRESENTA-
TIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election was conducted on July 1,.
1941, under the direction and supervision of the Regional Director
among all employees at the Bendix, New Jersey, plant of the Coml
33 N. L. R. B., No. 104.
,543
544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany, excluding company officers, managers, superintendents, fore-
men and assistant foremen, office and shop clerical employees, watch-
men, planning and engineering employees, and draftsmen, to deter-
mine whether said employees desired to be represented for the purpose
of collective bargaining by the Union. On July 3, 1941, the Regional
Director issued and duly served upon the parties an Election Report
on the balloting. No objections to the conduct of the ballot or to
the Election Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total Number Eligible to Vote_____ _______________________ 424
Total Number of Ballots Cast_ _____________________________ 401
Total Number of Valid Ballots______________________________ 394
Total Number of Votes in favor of U. A. W. A., C. I. O.____ 206
Total Nuinber of Votes against aforementioned Union_ ________ 188
Total Number of Blank Votes_______________________________ 0
Total Number of Void Ballots_______________________________ 0
Total Number of Challenged Votes__________________________ 7
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 at the Bendix, New Jersey, plant of Air Asso-
ciates, Incorporated, Bendix, New Jersey, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All employees at the Bendix, New Jersey, plant of the Company,
excluding company officers, managers, superintendents, foremen and
assistant foremen, office and shop clerical employees, watchmen, plan-
nin and engineering 'employees,` ,and draftsmen; constitute`' a unit
appropriate for the purposes of collective bargaining within the
meaning of Section-9 (b) of the Act.
3. International Union, United Automobile Workers of America,
affiliated with the C. I. O., has been designated and selected by a ma-
jority of the employees in the above unit as their representative for
the purposes of collective bargaining and is the exclusive representa-
tive of all the employees in said unit within the meaning of Section
9 (c) of the 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 International Union, United Automo-
bile Workers of America, affiliated with the C. I. 0., has been desig-
AIR ASSOCIATES, INCORPORATED 545
nated and selected by a majority of all employees at the Bendix, New
Jersey, plant of Air Associates, Incorporated, excluding company
officers, managers, superintendents, foremen and assistant foremen,
office and shop clerical employees, watchmen, planning and engineer-
ing employees, and draftsmen,-as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of
Section 9 (a) of the Act, International Union, United Automobile
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.