Couse Laboratories, Inc.

National Labor Relations Board - Board Decisions

Jul 21, 1941

33 N.L.R.B. 697 (N.L.R.B. 1941)

In the Matter Of COUSE LABORATORIES , INC., and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL # 52 ,
Case No. R-12709.-Decided July 21, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. H. H. House, of Newark, N. J., for the Company.
Mr. J. A. Turner, of Newark, N. J., for the Union.
Mr. William T. Little, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 1, 1941, International Brotherhood of Electrical Workers,
Local #52, 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 employees of Couse Laboratories, Inc., herein called the Company,
engaged in the manufacture of mobile machine shops at Newark,
New Jersey, 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 June 21, 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. On June 18, 1941, the Company and the Union entered
into a "STIPULATION FOR CERTIFICATION UPON CON-
SENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on June 24, 1941, under the direction and supervision of the
Regional Director among all employees in the electrical department
of the Company, excluding supervisors, to determine whether or not
they desired to be represented by the Union. On June 27, 1941, the
Regional,Director issued and duly served upon the parties her Election
33 N L. R B., No 120.
697
698 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Number Eligible to Vote________________________________ 17
Total Number of Ballots Cast________________________________ 16
Total Number of Valid Ballots_______________________________ 15
Total Number of Votes in favor of I. B. E. W., Local 52 --------- 9
Total Number of Votes against afore-mentioned union --------- 6
Total Number of Blank Votes________________________________ 1
Total Number of Void Ballots________________________________ 0
Total Number of Challenged Votes___________________________ 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 Couse Laboratories, Inc., Newark, 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 in the electrical department of the Com-
pany, 'excluding supervisors, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. International Brotherhood of Electrical Workers, Local # 52,
has been designated and selected by a majority of the employees in the
above unit as their representative for the purposes of collective bar-
gaining, 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.
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 International Brotherhood of Electrical
Workers, Local # 52, has been designated and selected' by a `inttj'oi ity
of all employees employed in the electrical department of Couse Lab-
oratories, Inc., Newark, New Jersey, excluding supervisors, as their
representative for the purposes of collective bargaining and that, pur-
suant to Section 9 (a) of the Act, International Brotherhood of Elec-
trical Workers, Local # 52, 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.