5 N.L.R.B. 170 (N.L.R.B. 1938)

Joslin Schmidt Corp.

National Labor Relations Board - Board DecisionsFeb 9, 1938

5 N.L.R.B. 170 (N.L.R.B. 1938)

In the Matter Of JOSLIN SCHMIDT CORPORATION and COMMITTEE FOR INDUSTRIAL ORGANIZATION Case No. R-549 CERTIFICATION OF REPRESENTATIVES February 9, 1938 On October 19, 1937, Committee for Industrial Organization filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Joslin Schmidt Corpo- ration, Lockland, Ohio, and requesting an investigation and certifi- cation of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On De- cember 20, 1937, 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 Regu- lations-Series 1, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an ap- propriate hearing upon due notice. On January 10, 1938, the Regional Director issued and duly served a notice of hearing. On January 14, 1938, a stipulation was entered into between Joslin Schmidt Corporation, Lincoln Local Industrial Union No. 531, and United Workers of Joslin Schmidt, a labor organization claiming to represent employees directly affected by the investigation. On Janu- ary 18, 1938, the Board, acting pursuant to Article III, Section 10 (c) (1), of National Labor Relations Board Rules and Regulations- Series 1, as amended, issued an order transferring the proceeding to itself. Thereafter, on January 20, 1938, the Board issued a Deci- sion and Direction of Election,' and on January 25, 1938, the Board issued an Amendment to the Decision and Direction of Election- The Direction of Election, as amended, provided that an election by secret ballot be 'held among all production employees of the Lock- land, Ohio, plant of the Company except those having the right to hire and fire, who were on the pay roll during the week of January ill 1938, to determine whether or not they desired to be represented by Lincoln Local Industrial Union No. 531 for the purposes of col- 14 N L R B 1078 170 DECISIONS AND ORDERS 171 lective bargaining. Pursuant to the Direction, as amended, an elec- tion by secret ballot was conducted on January 26, 1938. Full op- portunity was accorded to all the parties to this investigation to participate in the conduct of the secret ballot and to make chal- lenges. Thereafter, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, issued and duly served upon the parties to the proceeding his Intermediate Report on the ballot. No excep- tions to the Intermediate Report have been filed by any of the parties. As to the results of the secret ballot the Regional Director reported as follows : Total alleged eligible voters_____________________________________ 170 Total number votes cast________________________________________ 166 Total number unchallenged ballots for L L I. U. #531___________ 114 'Total number unchallenged ballots against L. L. I. U. #531_______ 49 Total number challenged ballots_________________________________ 3 Total number blank ballots______________________________________ 0 Total number void ballots______________________________________ 0 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 and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Lincoln Local Industrial Union No. 531 has been designated and selected by a majority of all the production employees of the Lockland, Ohio, plant of Joslin Schmidt Corpora- tion, except those having the right to hire and fire, as their repre- sentative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the National Labor Relations Act, Lincoln Local Industrial Union No. 531 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.