Frederick Sterns & Co.

National Labor Relations Board - Board Decisions

Oct 23, 1941

36 N.L.R.B. 381 (N.L.R.B. 1941)

In the Matter of FREDERICK STEARNS & COMPANY and UNITED MINE
WORKERS OF AMERICA, LOCAL No. 12123, DISTRICT No. 50, AFFILIATED
WITH THE C. I. 0.
Case' No. R-3086.-Decided October 03, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Frank H. Bowen, for the Board.
Mr. Earl Warner, for the Company.
Mr. E. Wilson and Mr. James Scanlon, of Detroit, Mich., for the
Union.
Mr. Stanley L. Drexler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 2, 1941, the United Mine Workers of America, Local
No. 12123, District No. 50, affiliated With the C. I. 0., herein called the
Union, filed with the Regional Director for the Seventh Region (De-
troit, Michigan) a petition and on September 12, 1941, an amended
petition alleging that a question affecting commerce had arisen con-
cerning -the representation of employees of, Frederick Stearns & Com-
pany, Detroit, Michigan, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On September 13, 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 September 12, 1941,,
the Board, the Company, and the Union entered into a "Stipulation for
Certification Upon Consent Election."
36 N. L. R. B., No. 76.
381
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation , an election was conducted on Septem-
ber 26, 1941, under the direction and supervision of the Regional
Director among all production and maintenance employees of the
Company, including . janitors and charwomen , but excluding superin-
tendents , division heads, salaried foremen, salaried forewomen , salaried
assistant foremen, chief inspectors , salaried employees in research and
analytical departments , clerical employees in laboratory and factory
offices, full -time watchmen , salaried truck drivers, certain supervisory
employees as agreed upon , and administrative office employees , includ-
ing salesmen and detail men, whose names appeared on the pay roll
of September 6, 1941, including those employees who did not work
during such pay-roll period because they were ill or on vacation, or in
the active military service or training of the United States, and em-
ployees who were then or thereafter temporarily laid off , but exclud-
ing those who had thereafter quit or been discharged for cause, for
the purpose of determining whether or not such employees desire to
be represented by United Mine Workers of America, Local No. 12123,
District No. 50, affiliated with the C . I. 0., as their exclusive repre-
sentative for the purposes of collective bargaining with Frederick
Stearns & Company, Detroit, Michigan . On September 29, 1941, 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 an y of the parties.
As to the balloting and its results , the Regional Director reported
as follows :
Total on eligibility list-------------------------------------- 272
Total ballots cast------------------------------ ------------- 268
Total ballots challenged -------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast---------------------------------------
Votes cast for United Mine Workers of America, Local No.
268
12123. District No. 50, affiliated with the C. I. 0-------------- 214
Votes cast against United Mine Workers of America, Local No.
12123, District No. 50, affiliated with the C. I. 0------------- 54
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 Frederick Stearns & Company, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees in the Detroit plant
,of the Company, including janitors and charwomen, but excluding
FREDERICK STEARNS & COMPANY 383
superintendents, division heads, salaried foremen, salaried forewomen,
salaried assistant foremen, chief inspectors, salaried employees in
research and analytical departments, clerical employees in laboratory
and factory offices, full-time watchmen, salaried truck drivers, certain
supervisory employees as agreed upon, and administrative office em-
ployees, including salesmen and detail men, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
3. United Mine Workers of America, Local No. 12123, District No.
50, affiliated with the C. I. 0., 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 representa-
tive of all the employees in said unit within the meaning of Section
9 (c) 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 Mine Workers of America, Local
No. 12123, District No. 50, affiliated with the C. I. 0., has been desig-
nated and selected by a majority of all the employees of Frederick
Stearns & Company, Detroit, Michigan, including janitors and char-
women, but excluding superintendents, division heads, salaried fore-
men, salaried forewomen, salaried assistant foremen, chief inspectors,
salaried. employees in research and analytical departments, clerical
employees in laboratory and factory offices, full-time watchmen, sal-
aried truck drivers, certain supervisory employees as agreed upon, and
administrative office employees, including salesmen and detail men,
as their representative for the purposes of collective bargaining and
that pursuant to the provisions of Section 9 (a) of the Act, United
Mine Workers of America, Local No. 12123, District No. 50, affiliated
with the C. I. 0., is the exclusive representative 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. Gr 4RD D. REILLY took no part in the consideration of the above
Certification of Representatives.