Climax Machinery Co.

National Labor Relations Board - Board Decisions

Oct 7, 1940

27 N.L.R.B. 693 (N.L.R.B. 1940)

In the Matter of CLIMAX MACHINERY COMPANY and METAL POLISHERS,
BUFFERS,-PLATERS AND HELPERS INTERNATIONAL UNION, LOCAL UNION
No. 171, AFFILIATED WITH THE A. F. OF L. -
In the Matter Of CLIMAX MACHINERY COMPANY, and -INTL. ASSN. OF
MACHINISTS, DIST. No. 90, AFFILIATED WITH THE A. F. OF L.
In the Matter of CLIMAX MACHINERY COMPANY and LOCAL UNION No.
1695 OF THE AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA, AFFILIATED WITH THE C. I. 0.
Cases Nos. R-1935, R-1936, and R-1937
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
October 7, 1940
On August 23, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceedings.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on September 18, 1940, under
the direction and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana). On September 19, 1940, the Re-
gional Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued his Election Report, copies of which were duly served upon the
parties. No objections to the conduct of the elections or to the Elec-
tion Report were filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows : -
Group A :
Total Number of Employees Alleged Eligible to Vote______ 102
Total Number Voted____________________________________ 90
Total Number of Valid Votes Cast_______________________ 90
Total Number of Votes for the INTERNATIONAL ASSOCIATION
OF MACHINISTS. District No. 90, affiliated with the AFL__ 59
2 26 N L R B 1038
27 N L R. B, No 130
693
694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Group A-Continued.
Total Number of Votes for the LOCAL UNION No. 1695 or
THE AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA , affiliated with the CIO___ 25
Total Number of Votes for NEITHER Organization --------- 6
Total Number of Blank Ballots __________________________ 0
Total Number of Void Ballots________ __________________ 0
Total Number of Challenged Ballots _____________________ 0
Group B :
Total Number of Employees Alleged Eligible to Vote ------ 25
Total Number Voted_ ____________________________,_______ 24
Total Number of Valid Votes Cast _______________________ 24
Total Number of Votes for the METAL POLISHERS , BUFFERS,
PLATERS AND HELPERS INT'L UNION , LOCAL UNION No. 171,
affiliated with the AFL_______________________________ 20
Total Number of Votes for the LOCAL UNION No. 1695 or
THE AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA , affiliated with the CIO--- 3
Total Number of Votes for NEITHER Organization -------- 1
Total Number of Blank Ballots_______________ ___________ 0
Total Number of Void Ballots___________________________ 0
Total Number of Challenged Ballots_ ___________________ 0
In the Decision, and Direction of Elections referred to above, the
Board stated that the determination as to what constitutes the appro-,
priate unit for the purposes of collective bargaining would depend
upon the results of the elections. The Board stated also that it would
certify the union, if any, designated by a majority of the employees
within each election unit as the exclusive representative thereof.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all production and maintenance employees employed
by Climax Machinery Company, Indianapolis, Indiana, herein called
the Company, excluding metal polishers, buffers, platers, and their,
helpers, and excluding supervisory and clerical employees, constitute
a unit appropriate for the purposes of collective bargaining, and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
We further find that all the metal polishers, buffers, platers, and
their helpers employed by the Company, excluding supervisory and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining, and that said -unit will insure to employees of
the Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
CLIMAX MACHINERY COMPANY 695
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All production and maintenance employees employed by Climax
Machinery Company, Indianapolis, Indiana, excluding metal
polishers, buffers, platers, and their helpers, and excluding supervisory
and clerical employees, constitute a unit appropriate for the purposes
-df collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
2. All the metal polishers, buffers,- platers, and their helpers em-
ployed by Climax Machinery Company, Indianapolis, Indiana, ex-
cluding supervisory and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) 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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
District No. 90, affiliated with the A. F. of L., has been designated
and selected by a majority of all production and maintenance employees
employed by Climax Machinery Company, Indianapolis, Indiana, ex-
cluding metal polishers, buffers, platers, and their helpers, and exclud-
ing supervisory and clerical employees, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, International Association of
Machinists, District No. 90, affiliated with the A. F. of L., is the exclu-
sive representative of all such employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment; and
IT IS ALSO HEREBY CERTIFIED, that Metal Polishers, Buffers, Platers
and Helpers International Union, Local Union No. 171, affiliated with
the A. F. of L., has been designated and selected by a majority of all
the metal polishers, buffers, platers, and their helpers, employed by
Climax Machinery Company, Indianapolis, Indiana, excluding super-
visory and clerical employees, as their -representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, Metal Polishers, Buffers, Platers and
Helpers International Union, Local Union No. 171, affiliated with the
A. F. of L., is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.