Crocker Wheeler Electric Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1941

34 N.L.R.B. 693 (N.L.R.B. 1941)

In the Matter of CROCKER WHEELER ELECTRIC MANUFACTURING CO.'
and AMERICAN FEDERATION OF LABOR, DISTRICT 47, INTERNATIONAL
ASSOCIATION OF MACHINISTS 2
Case No. R-2881.-Decided August 21, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives, upon consent election.
Mr. Alexander Bicks, of New York City, for the Company.
Mr. Samuel R. Isard and Mr. David Clydesdale, of Newark, N. Y.,
for the A. F. of L.
Mr. George B. Bailey, of Newark, N. J., for the Independent.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On June 26, 1941, the American Federation of Labor and the Inter-
national Association of Machinists, District 47, herein collectively
called the A. F. of L., 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
Crocker Wheeler Electric Manufacturing Co., Ampere, New Jersey,
herein called the Company, engaged in the manufacture and distribu-
tion of shells and other ordnance materials for the Governments of
the United States and Great Britain, at Ampere, New Jersey, 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 July 16, 1941, the National Labor Re-
lations 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 inves-
tigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice. On July 18, 1941,
the Regional Director issued a notice of hearing which -was duly served
'Also referred to in the record as Crocker Wheeler Electric Mfg Co
2 Also referred to in the record as American Federation of Labor, and Disti ict 47.
I A M
34 N. L. R B., No. 87.
693
451269-42-vol 34-45
694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on the parties. Pursuant to the notice, a hearing was held on July 25,
1941. At the hearing the Company, the A. F. of L., and Independent
Workers Union of New Jersey, herein called the Independent, a labor
organization claiming to represent employees directly affected by the
investigation, entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on August 4, 1941, under the direction and supervision of
the Regional Director, among all employees of the Company in its
Ordnance Division at Ampere, New Jersey, excluding executives,
superintendents, foremen, assistant foremen and other supervisors,
except such of the foregoing who perform manual labor, guards, sales-
men, designers, draftsmen and office employees, to determine whether
they desire to be represented for the purposes of collective bargaining
by the A. F.^of L., or by the Independent, or by neither. On August 6,
1941, the Regional Director issued and duly served upon the parties
her 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.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
'Total Number Eligible to Vote___________________________________________ 201
Total Number of Ballots Cast____________________________________________ 179
Total Number of Valid Ballots ------------------------------ -------- w__ 178
Total Number of Votes in favor of A. F. of L----------------------------- 172
Total Number of Votes in favor of Independent Workers Union____________ 4
Total Number of Votes in favor of neither union___________________________ 2
Total Number of Blank Votes____________________________________________' 0
Total Number of Void Ballots____________________________________________ 0
Total Number of Challenged Votes_______________________________________ 1
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 Crocker Wheeler Electric Manufacturing
Co., Ampere, New Jersey, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All employees of Crocker Wheeler Electric Manufacturing Co.
in its Ordnance Division at Ampere, New Jersey, excluding execu-
tives, superintendents, foremen, assistant foremen and other super-
visors, except such of the foregoing who perform manual labor,
guards, salesmen, designers, draftsmen and office employees, constitute
CROCKER WHEELER ELECTRIC MANUFACTURING CO. 695
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. American Federation of Labor, District 47, International Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the employees
in the above unit as their representative for the purposes 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 Rela-
tions 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, 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 American Federation of Labor, Dis-
trict 47, International Association of Machinists, has been designated
and selected by a majority of all employees of Crocker Wheeler Elec-
tric Manufacturing Co., Ampere, New Jersey, in its Ordnance Divi-
sion at Ampere, New Jersey, excluding executives, superintendents,
foremen, assistant foremen and other supervisors, except such of the
foregoing who perform manual labor, guards, salesmen, designers,
draftsmen and office employees, as their representative for the pur-
poses of collective bargaining, and that pursuant to the provisions of
Section 9 (a) of the Act, American Federation of Labor, District 47,
International Association of Machinists, is the exclusive representa-
tive 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.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Certification of Representatives.