J. C. Spach Wagon Works, Inc.

National Labor Relations Board - Board Decisions

May 27, 1941

32 N.L.R.B. 127 (N.L.R.B. 1941)

In the Matter of J. C. SPACH WAGON WoRKs, INC. and UPHOLSTERERS'
INTERNATIONAL UNION OF NORTH AMERICA (AFL)
Case No. 8-2435
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 27, 1941
On April 21, 1941, the Board issued a Decision and Direction of
Elections in the above-entitled proceeding.) Pursuant to the Direction
of Elections, elections by secret ballot were conducted on May 9, 1911,
under the direction and supervision of the Regional Director for the
Fifth Region (Baltimore, Maryland). On May 13, 1941, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an 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.
As to the balloting and its results, the Regional Director reported
as follows :
Production Employees
Total on eligibility list-------------------------------------- 352
Total ballots cast-------------------------------------------- 307
Total ballots challenged-------------------------- --- 0
Total blank ballots ---------------------------------------- 3
Total void ballots ------------------------------------------ 1
Votes cast for Upholsterers' International Union of North
America (AFL) ------------------------------------------- 230
Votes cast against Upholsterers' International Union of North
America (AFL) ------------------------------------------ 73
Watchmen, Firemen, and Maintenance Employees
Total on eligibility list-------------------------------------- 15
Total ballots cast------------------------------------------ 12
Total ballots challenged------------------------------------- 1
Total blank ballots ----------------------------------------- 0
131 N L R B 149
32 N L R.B,No 24.
127
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total void ballots ------- ----------------------------------- 0
Votes cast for International Brotherhood of Firemen and
Oilers (AFL) --------------------------------------------- 6
Votes cast against International Brotherhood of Firemen and
Oilers (AFL) ---------------------------------------------
The Regional Director reported that the challenged ballot cast in
the election conducted among the watchmen, firemen, and maintenance
employees was cast by a supervisory employee , and recommended that
the challenge be sustained . No objections were taken to the Regional
Director's ruling on the challenged ballot. We hereby sustain the
ruling of the Regional Director . Thus, it appears that International
Brotherhood of Firemen and Oilers received a majority of the
valid votes cast in the election among the watchmen , firemen, and
maintenance employees.
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, 49 Sat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that Upholsterers ' International Union of
North America, affiliated with the American Federation of Labor, has
been designated and selected by a majority of all production employees
in Plant A, Plant B, and Plant C of J. C. Spach Wagon Works, Inc.,
Winston-Salem, North Carolina , excluding clerical , maintenance, and
supervisory employees and watchmen , as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Upholsterers' International Union of North America,
affiliated with the American Federation of Labor, is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay , wages, hours of employment, and
other conditions of employment.
IT IS HEREBY CERTIFIED that International Brotherhood of Firemen
and Oilers, affiliated with the American Federation of Labor, has
been designated and selected by a majority of all watchmen, firemen,
and maintenance employees in Plant A, Plant B, and Plant C of J. C.
Spach Wagon Works, Inc., Winston-Salem, North Carolina, excluding
supervisory employees, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
International Brotherhood of Firemen and Oilers , affiliated with the
American Federation of Labor, 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.