Electrical Research Laboratories, Inc.,

National Labor Relations Board - Board Decisions

Jan 9, 1942

38 N.L.R.B. 124 (N.L.R.B. 1942)

In the Matter of ELECTRICAL RESEARCH LABORATORIES, INC., and
LOCAL 1121, UNITED ELECTRICAL,, RADIO & MACHINE WORKERS OF
AMERICA, (CIO)
Case No. R-3418.-Decided January 9, 1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. R. L. Freeman, of Chicago, Ill., for the Company.
Mr. Earl T. McGrew, of Chicago, Ill., for the C. I. O.
Mr. Ross Lee Laird, of Chicago, Ill., for the Independent.
Mr. Raymond J. Heilman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 3, 1941, Local 1121, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of In-
dustrial Organizations, herein called the C. I. 0., filed with the
Regional Director of the Thirteenth Region (Chicago, Illinois), a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the Electrical Research
Laboratories, Inc., herein called the Company, engaged in the manu-
facture, assembly, distribution, and sale of radio sets at Evanston,
Illinois, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On November 8, .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 November 7, 1941, the Board, the Company,
the C. I. O. and the Independent Radio Workers Union, herein
38 N. L. R. B., No. 28.
124
ELECTRICAL RESEARCH LABORATORIES, INC. 125
called the Independent, entered into a "STIPULATION FOR CERTIFICA-
TION OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election was conducted on De-
cember 12, 1941, under the direction and supervision of the Regional
Director among all production and maintenance employees of the
Company at its Evanston, Illinois, plant, excluding all clerical' work-
ers, laboratory employees, watchmen, salesmen , and supervisory em-
ployees, to determine whether said employees desired to be represented
for the purposes of collective bargaining by the C. I. 0., the Inde-
pendent, or by neither. On December 15, 1941, the Regional Director
issued and duly served upon the parties an Election Report on the bal-
lot. 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 the results thereof, the Regional Director
reported as follows :
Total on eligibility list______________________________________ 359
Total ballots cast___________________________________________ 343
Total ballots challenged ------------------------------------- 20
Total blank ballots__________________________________________ 0
Total void ballots___________ ________________________________ 0
Total valid ballots cast______________________________________ 323
Votes cast for Local 1121, United Electrical, Radio & Machine
Workers of America ( CIO)________________________________ 91
Votes cast for Independent Radio Workers Union_______ _______ 223
Votes cast for neither _______________________________________ 9
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 the Electrical Research Laboratories, Inc.,
Evanston, Illinois, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company em-
ployed at the Company's Evanston, Illinois, plant, excluding clerical
workers, laboratory employees, watchmen, salesmen, and supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
3. Independent Radio Workers Union 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 the employees in said unit within the
meaning of Section 9 (c) of the Act.
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Independent Radio Workers Union has
been designated and selected by a majority of all production and
maintenance employees of the Company employed at the Company's
Evanston, Illinois, plant, excluding clerical workers, laboratory em-
ployees, watchmen, salesmen, and supervisory employees, as their
representative for the purposes of collective bargaining and that, pur-
suant to Section 9 (a) of the Act, Independent Radio Workers Union
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.