American Radiator Co.

National Labor Relations Board - Board Decisions

Jul 22, 1938

8 N.L.R.B. 505 (N.L.R.B. 1938)

In, the Matter of AMERICAN RADIATOR COMPANY (BOND PLANT AND
TERMINAL PLANT) and AMALGAMATED ASSOCIATION ,OF IRON,- STEEL,
& TIN WORKERS, LODGES 1199 AND 1629 -
Cases Nos. R-655 and R-656
CERTIFICATION OF REPRESENTATIVES
July 90, 1938
On' May--25; 1938; the -National Labor Relations Board, herein
called the Board, issued-a Decision and Direction of Election T in the
above-entitled cases. The Direction of Election directed that two
separate elections by secret ballot, one in the Bond Plant and one in
the Terminal Plant, be- conducted under the direction and -super-
vision of the Regional Director for the' Third 'Region (Buffalo, New
York) among the -production and -maintenance employees of Ameri-
can Radiator Company at-its_ Bond Plant and at its Terminal Plant,
Buffalo, New.York, who were employed by it during-the week end-
ing March 12, -1938,- including those employees who were at the time
of the election on a stagger system of employment and including
shipping and yard employees and truckmen, but excluding all super-
visory employees, clerical- employees, timekeepers, and production
clerks, and excluding those"employees who have since quit or been
discharged for cause, to determine whether such employees in the
Bond Plant desired to be represented by Amalgamated Association
of Iron, Steel,-& Tin Workers,--Lodge 1199; -affiliated with the Com-
mittee for -Industrial Organization,-or by American Radiator Com-
pany Employees Union, affiliated- with National Federated Independ-
ent Union, for the purposes of collective bargaining, or by neither,
and whether such employees in the Terminal Plant desired to be
represented by Amalgamated Association of Iron, Steel, & Tin Work-
ers, Lodge 1629, affiliated with the Committee for Industrial Organi-
zation, or, by Cloverleaf Cooperative Union, for the purposes of col-
lective bargaining, or by neither.
Pursuant to the Direction, elections by secret ballot were conducted
on June 6, 1938, by the said Regional Director. Objections to the
conduct of the elections were filed by the Company on the _ground
17 N. L. R. B. 452.
8 N. L. R . B., No. 53.
505
.506 NATIONAL LABOR RELATIONS BOARD
that the Regional Director did not permit Company representatives
to be present at either election for the purpose of challenging the
eligibility of voters or for any other purpose. We are of the opinion
that this refusal was not,an abuse of discretion on the part of the
Regional Director.2 On June 9 and 11, 1938, the said Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as.amended,,issued
and on June 13,-1938, served upon the parties -Intermediate Reports
,on the elections. No objections or exceptions to the Intermediate
Reports have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Bond Plant
Total number eligible to vote--- ----------------------------- 739
Total number of ballots counted ----------------------------- 696
Total number of votes in favor of Amalgamated Association
of Iron, Steel , & Tin Workers Lodge No. 1199, affiliated with
the Committee for Industrial Organization----------------- 189
Total number of votes in favor of American Radiator Company
Employees Union, affiliated with the National Federated
Independent Union---------------------------------------- 473
Total number of votes against union affiliation--------------- 34
Total number of blank votes-------------------------------- 5
Total number of void ballots-------------------------------- 3
Total number of challenged ballots--------------------------- 39
Terminal Plant
Total number eligible to vote-------------------------------- 202
Total number of ballots counted----------------------------- 180
Total number of votes in favor of Amalgamated Association
of Iron, Steel, & Tin Workers Lodge No. 1629--------------- 68
Total number of votes in favor of Cloverleaf Cooperative
Union---------------------------------------------------- 102
Total number of blank votes--------------------------------- 1
Total number of void ballots----- --------------------------- 0
Total number of challenged ballots--------------------------- 19
Total number of votes for neither---------------------------- 10
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, 49 Stat. 449, herein called the Act, and pursuant to
Article III, Sections 8 and 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that American Radiator Company Em-
ployees Union, affiliated with National Federated Independent
2 See Matter of Feddeis Manufacturing Company and Amalgamated Association of Iron,
Steel, & Tin Workers of North America , Lodge 1753 , 7 N. L. R. B. 817 ; Matter of Martin-
Rockwell Corporation and United Automobile Workers of America, 7 N. L. R . B. 836.
DECISIONS AND ORDERS 507
Union, nas been selected by a majority of the production and main-
tenance employees of American Radiator Company at its Bond Plant,
Buffalo, New York, including shipping and yard employees and
truckmen, but excluding all supervisory employees, clerical employ-
ees, timekeepers, and production clerks, as their representative for
the purposes of collective bargaining, and that pursuant to Section
9 (a) of the Act, American Radiator Company Employees Union,
affiliated with National Federated Independent Union, is the exclu-
sive representative for all such employees for the purposes of col-
lective bargaining in.respect to, rates of pay, wages, hours of employ-
ment, and other conditions of employment; and
IT IS HEREBY CERTIFIED that Cloverleaf Cooperative Union has been
selected by a majority of the production and maintenance employees
of American Radiator Company at its Terminal Plant, Buffalo, New
York, including shipping and yard employees and truckmen, but
excluding all supervisory employees, clerical employees, timekeepers,
and production clerks, as their representative for the purposes of col-
lective bargaining, and that pursuant to Section 9 (a) of the Act,
Cloverleaf Cooperative Union is the exclusive representative for all
such employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.