American Can Co.

National Labor Relations Board - Board Decisions

Jan 7, 1942

38 N.L.R.B. 57 (N.L.R.B. 1942)

In the Matter of AMERICAN CAN COMPANY and FEDERAL LABOR UNION
No. 22940, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. B-3424.-Decided January 7, 194 .
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Robert Frazer, for the Board.
Mr. B. A. Fleury, of Savannah, Ga., for the Company.
Mr. George H. McGee, of Savannah, Ga., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 3 and 26, 1941, respectively, Federal Labor Union
No. 22940, affiliated with the American Federation of Labor, herein
called the Union, filed with the Regional Director for the Tenth
Region (Atlanta, Georgia) a petition and amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of the American Can Company, herein called
the Company, engaged in manufacturing and selling metal containers
at Savannah, Georgia,'and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On November 24,
1941, the Company, the Union, and the Regional Director entered
into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." On
November 27, 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 Relations Board Rules and Regula-
tions-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 December 3, 1941, under the direction and supervision of the
38 N. L. R. B., No. 15.
57
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director, among all employees at the Savannah Plant ex-
cepting office and clerical workers, supervisors, inspectors and salaried
employees, to determine whether or not they desired to be represented
by the Union. On December 6, 1941, 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------------------------------------- 112
Total ballots cast------------------------------------------- 97
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted----------------------------------- 97
Votes cast for Federal Labor Union No. 22940, affiliated with
the American Federation of Labor------------------------- 88
Votes cast against Federal Labor Union No. 22940, affiliated
with the American Federation of Labor-------------------- 9
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 American Can Company at its plant in
Savannah, Georgia, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Savannah Plant of the Company, except-
ing office and clerical workers, supervisors, inspectors and salaried
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. Federal Labor Union No. 22940, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the employees in the above unit as their representative for the pur-
poses 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.
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,
AMERICAN CAN COMPANY 59
IT IS HEREBY CERTIFIED that Federal Union No. 22940, affiliated with
the American Federation of Labor, has been designated and selected
by a majority of all employees of the Savannah Plant of the American
Can Company, excluding office and clerical workers, supervisors, in-
spectors, and salaried employees, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Federal Labor Union No. 22940, affiliated with the Ameri-
can Federation of Labor, 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.
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