Borg-Warner Corp.

National Labor Relations Board - Board Decisions

Jul 9, 1941

33 N.L.R.B. 230 (N.L.R.B. 1941)

In the Matter Of WARNER AUTOMOTIVE PARTS DIVISION OF BORG-
WARNER CORPORATION and INTERNATIONAL UNION, UNITED AUTO-'
MOBILE WORKERS OF AMERICA, LOCAL 825, AFFILIATED WITH C. I. O.
Case No. R-2643.-Decided July 9, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Lester Asher, for the Board.
Mr. Dan L. Link, of Auburn, Ind., for the Company.
Mr. Hose Kucela, of Indianapolis, Ind., for Local 825.
Mr. Merwood Sapp, of Auburn, Ind., for Local No. 3.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION .
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
.On April 11 and May 2, 1941, International Union, United Auto-
mobile Workers of America,. Local 825, affiliated with C. I. 0., herein
called Local 825, filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition and amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Warner Automotive Parts Division of
Borg-Warner Corporation, herein called the Company, engaged in
the manufacture of replacement ring gears and pinions, transmission
gears, differential parts, clutch discs, cylinder heads, axle. shafts, and
other parts of motor cars and trucks at Auburn, Indiana, 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 May 9, 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 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.
33 N. L. R. B., No. 57.
230
WARNER AUTOMOTIVE PARTS 231
On May 13, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the parties. On May 20, 1941,
the Board, the Company, Local 825, and Local No. 3, Tri-State Inde-
pendent Workers Union, herein called Local No. 3, entered into'an
"A112ENDEDSTIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION." 1
"Pursuant toi the stipulation an election was conducted on June
5, 1941, under the direction and supervision of the Regional Director
.among all production and maintenance. employees of the Company,
excluding office and clerical employees, group leaders, and other
supervisory employees to determine whether said employees desire to
be represented for the purposes of collective bargaining by Local 825,
by Local No. 3, or by neither. On June 10, 1941, the Regional Di-
rector issued and dilly served upon the parties an Election Report on
the ballot. 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 of eligible list-------------------------------- 257
Total number of ballots cast--------------------------------
Total number of ballots cast for Local No. 3, Tri-State Inde-
250 '
pendent Workers Union----------------------------------- '93
Total number of ballots cast for International Union, United
Automobile Workers of America, Local 825, Affiliated with
C. I. 0--------------------------------------------------- 131
Total number of ballots cast for neither----------------------- 20
Total number of ballots challenged------------------------- 6
Total number of blank ballots------------------------------- 0
Total number of void 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 repre-
sentation of employees of Warner Automotive Parts Division of
Borg-Warner Corporation, Auburn, Indiana, within the meaning of
Section 9 (c) and Section 2 (6) and (() of the Act.
2. All production and maintenance employees of'the Company ex-
cluding office and clerical employees, group leaders, and- other super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
1 The original stipulation was entered into and made an exhibit at the hearing on May 20,
1941. On May 21, 1941 , the parties orally agreed that their signatures on the original
document should extend to the amended stipulation , which made a few formal corrections
in the original document.
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. International Union, United Automobile Workers of America,
Local 825, affiliated with C. I. O. has been designated and selected,
by `a majority of the employees in the above unit as their represent-
ative for the purposes of collective bargaining and is the exclusive
representative 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 FIEREBY CERTIFIED that International Union, United Automobile
Workers of America, Local 825, affiliated with C. I. 0., has been
designated and selected by a majority of all production and mainte-
nance employees of Warner Automotive Parts Division of Borg-
Warner Corporation, Auburn, Indiana, excluding office and clerical
employees, group leaders, and' other supervisory employees, 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, Local 825, affiliated.
with C. I. O., 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.