Diamond Match Co.

National Labor Relations Board - Board Decisions

Aug 8, 1942

42 N.L.R.B. 1344 (N.L.R.B. 1942)

In the Matter of DIAMOND MATCH COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA, C. I O.
Case No. R-4093 -Decided August 8,1941
Investigation and Certification of Representatives stipulation for certification
upon consent election
Mr Hugh, E Sperry and Mr Joel Seidman for the Board.
Mr M F L Taylor, of Barberton, Ohio, for the Company
Mr. Stanley Denlinger, of Akron, Ohio, for the C. I. 0
Mr F B Gerhart, of Barberton, Ohio, for the A. F of L
Mr Mozart G Ratner, of counsel to the Board
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Local Union 12320, United Mine
Workers of America, District 50, affiliated with the Congress of
Industrial Organizations, herein called the C I 0., alleging that a
question affecting commerce has arisen concerning the representation
of employees of Diamond Match Company, herein called the Com-
pany, engaged in Barberton, Ohio, in the manufacture of matches,
the National Labor Relations Board provided for an appropriate
hearing upon due notice. On July 8, 1942, before the hearing was
held, the Company, the C. I. 0, United Match Workers Federal
Labor Union No. 18928, affiliated with the American Federation of
Labor, herein called the A. F. of L , and the Regional Director for
the Eighth Region (Cleveland, Ohio), entered into a "stipulation
for certification of consent election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 22, 1942, under the direction and supervision of the
Regional Director among all employees of the Diamond Match
Company, Barberton, Ohio, excluding foremen, assistant foremen,
supervisors in charge of any class of labor, salaried employees, and
employees covered by the agreement between the Company and Local
607 of the International Association of Machinists, to determine
whether they desired to be represented by the C. I 0., the A. F. of
42NLRB,No245
1344
DIAMOND MATCH COMPANY 1345
L, or by neither. On July 23, 1942, the Regional Director issued
and duly served upon the parties an 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.
As ' to the balloting' and its results, the Regional Director re-
ported the, following::
Total on eligibility list------------------------------------- 665
Total ballots cast------------------------------------------ 548
Total ballots challenged------------------------------------ 0
Total blank ballots----------------------------------------- 0
Total void ballots---------------------------------!-------- 1
Total valid votes counted ----------------------------------- 547
Votes cast for United Match Woikers Federal Labor Union
No 18928 (A F L )------------------------------------ 360
Votes cast for Local Union No 12320, United Mine Workers
of America, District 50, (C I 0 )------------------------ 182
Votes cast for neither of the organizations------------------- 5
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the followinb :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Diamond Match Company, Barberton,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
21 All employees employed by the Company at its Barberton,
Ohio, plant, excluding foremen, assistant foremen, supervisors in
charge of any class of labor, salaried employees, and those em-
ployees covered by the agreement between the Company and Local
607 of the International Association of Machinists, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
3. United Machine Workers Federal Union No. 18928, affiliated
with the American Federation of Labor, has been designated and
selected by a majority of employees in the above unit as their repre-
sentative for the purposes of collective bargaining and is the ex-
clusive representative of all employees in said unit within the mean-
ing 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 Match Workers Federal Labor
Union No. 18928, affiliated with the American Federation of Labor,
472814-42-vol 42-85
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has been designated and selected by a majority of all employees em-
ployed by the Company at its Barberton, Ohio, plant, excluding
foremen, assistant foremen, supervisors in charge of any class of
labor, salaried employees, and those employees covered by the agree-
ment between the Company and Local 607 of the International As-
sociation of Machinists as their representative for the, purposes Rof,
collective bargaining, and that, pursuant to Section 9 (a) of the
Act, United Match Workers Federal Labor Union No 18928, affili-
ated with the American Federation of Labor, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment
MR. WM M. LEIsF.RsoN took no part in the consideration of the
above Decision and Certification of Representatives '