Geyer Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 22, 1941

30 N.L.R.B. 531 (N.L.R.B. 1941)

In' the Matter of GEYER MANUF1CTURING Co. and FARM EQUIPMENT
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. R-2-377.-Deckled March 20, 1941
Investigation and Certification of Representatives : stipulation for certification,
upon consent election.
Mr. Ross M. Madden, for the Board.
Mr. Howard A. Geyer, for the Company.
Mr. Vernon L. Bailey, for the Union.
Mr. Norman 31. Neel, of counsel to the Board.
DECISION
AND
_GER'rIFICATION OF,,REPRESENTAT'IVES
'On February 5, 1941, Farm Equipment Workers Organizing Com-
affiliated with the Congress of Industrial Organizations,
herein called the Union, -filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Geyer. Manufacturing Co., herein called the Com-
pany, engaged in the manufacture, sale and distribution of garden
tools at Rock Falls, Illinois, and requesting an investigation and
certification of representatives pursuant-to Section 9 (c) of he Na-
tional Labor Relations -Act, 49 Stat. 449, herein called the Act. On
February 14, 1941, the National Labor Relations Board, herein called
the Board,,acting pursuant to Section 9 (c) of the Act, ahd Article
III, Section 3; of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an, appropriate
hearing on due notice. On February 8, 1941, the Company, the
Union, and a field examiner for the Board entered into a "Stipula-
tion for Certification Upon Consent Election".
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 26, 1941, under the direction and supervision of,
the Regional Director among a;ll employees of the Company, exclud-
ing office employees, foremen, and supervisors, who at that time were
Kenneth Holschuh, Charles H. McNitt, Harold Snavely, Charles
Chapman, Harold ' McDaniels, and James McMurray,, and those em-
30 N L. R. B., No. 79
440135--42-via1 30--15 531
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees who between February 8, 1941, and the date of the election
had quit or been discharged for cause, to determine whether or not
said employees desired to be represented by, the Union. On Febru-
ary.28,,1941, the Regional Director issued and -duly served .upon -the
parties his Election Report on the ballot. No,objections to the con-
duct 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' i e'sults :
Total number'on eligible list _________________________________ 43
Total number of ballots cast ----------------------------------- 43
Total number of ballots cast , for the Union__________________ 25
Total number of ballots cast against the Union_______________ 18
Total number of challenged ballots-- 0
Total number of blank ballots ------------------ _------------ 0
Total number of void ballots_________________________________ 0
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 Geyer Manufacturing Co., Rock Falls,.
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and'
(7) of the National Labor Relations Act.
2. All employees of the Company, excluding office employees, fore-
men, and supervisors, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Farm Equipment Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, 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 the said unit, within
the meaning of Section 9 (a) of the National Labor Relations 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 Rela-
tions Act, -
IT Is HEREBY CERTIFIED that Farm Equipment Workers- Organizing
Committee, affiliated with the Congress of {Industrial Organizations,
has been designated and- selected by a, majoritylof all employees of
Geyer Manufacturing Co., Rock Falls, Illinois, excluding office em-
GEYER MANUFACTURING COMPANY 533
ployees, foremen, and supervisors, as their representative for the
purposes of collective bargaining, and that, pursuant to the provisions
of Section 9 (a) of the Act, Farm Equipment Workers Organizing
Committee, affiliated, with the Congress of Industrial Organizations,
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.
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