Davidson Enamel Products, Inc.

National Labor Relations Board - Board Decisions

Sep 15, 1941

35 N.L.R.B. 440 (N.L.R.B. 1941)

In the Matter of DAVIDSON ENAMEL PRODUCTS, INC.,' and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 763
(C. I. 0.)
Case No. R-2927.-Decided September 15, 1941
Investigation and Certification of Representatives : stipulation for certification
of Representatives upon consent election.
Mr. Harry L. Lodish, for the Board.
Mr. F. Davidson, of Lima, Ohio, for the Company.
Mr. Sam Runyan, of Lima, Ohio, for the C. I. O.
Mr. Irvin W. Bite, of Toledo, Ohio, and Mr. Alfred T. Murphy, of
Lima, Ohio, for the A. F. of L.
Mr. Dan M. Byrd, Jr:, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 5, 1941, United Electrical, Radio & Machine Workers
of America, Local 763 (C. I. 0.), herein called the C. I. 0., filed with
the Regional Director for the Eighth Region (Cleveland, Ohio) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Davidson Enamel Prod-
ucts, Inc., herein called the Company, engaged in the manufacture of
porcelain enamel products at Lima, Ohio, and requesting an investi-
gation and certification of representatives, pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On August 7, 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 au-
thorized the Regional Director to conduct it and to provide for an
'On August 21, 1941, the Company and the C. I. 0 stipulated that the correct name
of the Company is Davidson Enamel Products , Inc., and not Davis Enamel Products Com-
pany, as given in certain documents in this proceeding
35 N. L . R. B., No. 97.
440
DAVIDSON ENAMEL PRODUCTS, INC. 441
appropriate hearing upon due notice. On August 5, 1941, the Com-
pany, the C. 1. 0., Enamelware Workers Union, Lima Local (A. F. L.),
herein called the A. F. of L., International Council of Fabricated
Metal & Enamelware Workers (A. F. L.), and the Acting Regional
Director entered into a "STIPULATION FOR CERTIFICATION
OF REPRESENTATIVES UPON CONSENT ELECTION."
, Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 12, 1941, under the direction and supervision of the
Regional Director, among all maintenance and production employees
of the Company, excluding supervisors, foremen, clerks in the office,
and architectural engineers, to determine whether said employees
desired to be represented by the C. I. 0., or by the A. F. of L., for the
purposes of collective bargaining, or by neither. On August 18, 1941,
the Regional Director issued and duly served upon the parties his
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 his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------------------------------------- 121
Total ballots cast----------------------------------------- 117
Total ballots challenged----------------------------------- 0
Total blank ballots---------------------------------------- 1
Total void ballots----------------------------------------- 0
Total valid votes cast-------------------------------------- 116
Votes cast for United Electrical, Radio & Machine Workers
of America, Local 763 (C. I. 0.) -------------------------- 103
Votes cast for Enamelware Workers Union, Lima Local
(A. F. L.) ---------------------------------------------- 3
Votes cast for neither-------------------------------------- 10
Upon the basis of the stipulation, the ' Election Report, and the
entire record in the case, the Board makes the following :
FINDIN,Gs OF FACT
1. A question affecting commerce has risen concerning the represen-
tation of employees of Davidson Enamel Products, Inc., Lima, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All maintenance and production employees of the Company ex-
cluding supervisors, foremen, clerks in the office, and architectural
engineers, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
3. United Electrical, Radio & Machine Workers of America, Local
763, (C. I. O.), has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of collective bargaining, and is the exclusive representative of all the
employees in said unit, within the meaning of Section 9 (a) 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 HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, Local 763 (C. I. 0.), has been designated and
selected by a majority of all maintenance and production employees of
the Company, excluding supervisors, foremen, clerks in the office,
and architectural engineers, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, United Electrical, Radio & Machine
Workers of America, Local 763 (C. I. 0.), is the exclusive represen-
tative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.