Basca Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1941

31 N.L.R.B. 171 (N.L.R.B. 1941)

In the' Matter of BASCA MANUFACTURING COMPANY, INC. and STEEL
WORKERS ORGANIZING COMMITTEE, LOCAL UNION No. 2319, AFFILI-
ATED WITH THE C. I. O. _
Case No. B-3469.-Decided April 21, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
,Mr. Robert H. Cowdrill and Colonel C. Sawyer, for the Board.
Mr. Kurt Pantzer, of Indianapolis, Ind., for the Company.,
Mr. C. E. Whitman, of Indianapolis, Ind., for the Union.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 14, 1941, Steel Workers Organizing Committee, Local
Union No.. 2319, affiliated with the C. I. 0., herein called the Union,
filed with the Regional Director for the Eleventh Region (Indianapolis,
Indiana) a petition-alleging that a question affecting commerce had
arisen concerning the representation of employees of Basca Manu-
facturing -Company, Inc., herein called the Company, engaged in
the manufacture of automobile mufflers at Indianapolis, Indiana, and
requesting an investigation and, certification of representatives pur-
suant to Section 9 (c) of the National LaburrRelations Act, 49 Stat._
449, herein called the Act. On March 20, 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 Rela-
tions 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 on due notice. On March
19, 1941 the Company, the Union, the Regional Director, and an
attorney for the Board, entered into a "STIPULATION FOR CER-
TIFICATION UPON CONSENT ELECTION."
31 "N. L. R. B., No., 27.
171
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to"the stipulation, an election by secret ballot was con-
ducted on March 27, 1941, under the direction and supervision of
the Regional Director, ,among all production and maintenance em-
ployees of the Company at its Indianapolis plant, exclusive of clerical
and office employees, foremen, and watchmen to determine whether
or not said employees desired to be represented by the Union for the
purposes of collective bargaining with the Company. On March 31,
1941, 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 of employees alleged eligible to vote------------ 136
Total number voted----------------------------------------- 129
Total number of valid votes cast----------------------------- 128
Total number of votes for the Steel Workers Organizing Com-
mittee, Local Union No. 2319, affiliated with the C. I. 0------ 94
Total number of votes against the Steel Workers Organiz-
ing Committee, Local Union No. 2319, affiliated with the
C. I. 0--------------------------------------------------- 34
Total number of blank ballots-----------------------------= 0
Total number of void ballots-------------------------------- 1
Total number of challenged ballots -------------------------- 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 rep-
resentation of employees of Basca Manufacturing Company, Inc.,
Indianapolis, Indiana, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees 'employed by the
Company at its Indianapolis plant, exclusive of clerical and office
employees, foremen, and watchmen, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
3. Steel Workers Organizing Committee, Local Union No. 2319,
C. I. 0.,, has been designated and selected by a majority of the em-
ployees 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.
BASCA MANUFACTURING COMPANY, INC. 173
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,
IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee,
Local Union No. 2319, C. I. 0., has been designated and selected by
a majority of the production and maintenance employees of Basca
Manufacturing Company, Inc., exclusive of clerical and office em-
ployees, foremen, and watchmen, as their representative for- the
purposes of collective bargaining, and that pursuant to the provisions
of Section 9 (a) of the Act, Steel Workers Organizing Committee,
Local Union No. 2319, 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.