Charles E. Chapin Co., Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1942

39 N.L.R.B. 332 (N.L.R.B. 1942)

In the Matter of CHARLES E. CHAPIN Co., INC. and UNITED ELECTRI-
CAL, RADIO & MACHINE WoRECERS OF AMERICA, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-3556.-Decided February 28, 191,.2
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Milton Derber, for the Board.
Mr. A. V. Cherbonnier, of New York City, for the Company.
Mr. B. Santore and Mr. Samuel L. Rothbard, of Newark, N. J.,
for the Union.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 17, 1942, United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
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 concerning the representation of em-
ployees of Charles E. Chapin Co., Inc., East Rutherford, New Jersey,
herein called the Company, engaged in the manufacture and process-
ing of carbon brushes, copper graphite brushes for motors and gen-
erators; and copper contacts and electrical supplies, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On January 30, 1942, 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 upon due notice. On
January 29, 1942, the Company, the Union, and a Field Examiner
39 N. L.. R. B., No: 58.
-332 .
CHARLES CHAPIN CO., INC.- 333
for the Board entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on February 5, 1942, under the direction and supervision of
the Regional Director among the following employees to determine
whether or not they desired to be represented by the Union: all em-
ployees employed by the Company at East Rutherford. exclusive of
executives, superintendents, foremen, assistant foremen, office and
clerical employees. On February 9, 1942, the Regional Director is-
sued and duly served upon the parties her 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 her Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list-- ------------------------------------ 65
Total ballots cast------------------------------------------ 62
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots----------------------------------------- - 0
Total valid votes counted ----------------------------------- 62
Votes cast for Local 423, United Electrical Radio and Machine -
Workers of America, C I. 0------------------------------ 53
Votes cast against Local 423, United Electrical Radio and Ma-
chine Workers of America, C. I. 0------------------------ 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 Charles E. Chapin Co., Inc., East Ruther-
ford, New Jersey, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees employed by the Company at East Rutherford,
exclusive of executives, superintendents, foremen, assistant foremen,
office and clerical 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. Local 423, United Electrical, Radio & Machine Workers of
America, C. I. 0., 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. -
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Local 423, United Electrical, Radio &
Machine Workers of America, C. I. 0., has been designated and se-
lected by a majority of all employees of the Company employed at
East Rutherford, New Jersey, exclusive of executives, superintend-
ents, foremen, assistant foremen, office and clerical employees, as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the Act, Local 423,
United Electrical, Radio & Machine Workers of America, C. I. 0., is
the exclusive representative of all such employees for the purpose of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.