Lilly Varnish Co.

National Labor Relations Board - Board Decisions

Jul 9, 1941

33 N.L.R.B. 211 (N.L.R.B. 1941)

In the Matter of LILLY VARNISH Co. and LOCAL UNION 1227, BROTHER-
HOOD OF PAINTERS , DECORATORS & PAPER HANGERS OF. AMERICA
(AFL)
Case No. R-2644.-Decided July 9, 1941
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election , show that
no representative has been selected by a , majority of the employees in the
appropriate' unit.
Mr.- J. C. Clark, for the Board. -
Mr. W. I. Longsworth, of Indianapolis, Ind., .for the Company.
Mr. T. N. Taylor, of Indianapolis, Ind., for the Union.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On April 25, 1941, Local Union 1227, Brotherhood of Painters,
Decorators & Paper Hangers of America, (AFL), herein called the
Union, filed with the Regional Director for the Eleventh Region
(Indianapolis, Indiana) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lilly Varnish Company, herein called the Company, engaged in the
manufacture of varnish, lacquer, paint, stain, filler, and -enamel at
its plant in Indianapolis, Indiana, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein. called the
Act. On June 5, 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 au-
thorizedi the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On June 2, 1941, the Company, the Union, and the Regional Di-
rector entered into a "STIPULATION FOR CERTIFICATION
ON CONSENT ELECTION." Pursuant,to the stipulation, an elec-
33 N. L. R. B., No. 51.
-211
45012 2-42-vol.:33-15
212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion by secret ballot was conducted on June 12, 1941, under the
direction and supervision. of the Regional Director, among all pro=
duction. and maintenance employees of the Company, including lab-
oratory,. workers engaged in checking production and employees
engaged in' other crafts, but excluding supervisory, clerical, sales
and office employees, truck drivers, and laboratory workers engaged
in research work, to determine whether or not the said employees
desire to be represented for the purposes of collective bargaining by
the Union. On June 13, 1941, the Regional Director issued and duly
served, upon the parties an Election Report on the ballot. No objec-
tions 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 number of employees alleged eligible to vote ---------- 69
Total number voted ----------------------------------------- 67
Total number of valid votes cast-----------------------------
Total number of votes for the Local Union 1227, Brotherhood
67
of Painters, Decorators & Paper Hangers of America (AFL)- 26
Total number of votes against the Local,Union 1227, Brother-
hood of Painters, Decorators & Paper Hangers of America
(AFL) ---------------------------------------------------- 41
Total number of blank ballots----------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots- ------------------------ 0
The results of the election show that no representative has been
selected by a majority of the employees in the appropriate unit.
The petition of Local 1227, Brotherhood of Painter, Decorators, &
Paper Hangers of America (AFL), for investigation and certifica-
tion of employees of Lilly Varnish Company, Indianapolis, Indiana,
will therefore be dismissed.
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 Lilly Varnish Company, Indianapolis,
Indiana, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company
including laboratory workers engaged in checking production and
employees engaged in other crafts, but excluding supervisory, cleri-
cal, sales and office employees, truck drivers, and laboratory
workers engaged in research work, constitute a unit appropriate
LILLY VARNISH CO. 213
for the purposes _ of collective bargaining within the meaning of
Section 9 (b) of the Act:
ORDER
By virtue of Section 9 (c) of the National Labor- Relations Act,
49 Stat. 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 HERESY ORDERED that a petition for investigation and-certifica-
tion of representatives of employees of Lilly Varnish Company,
Indianapolis, Indiana, filed by Local Union 1227, Brotherhood ; of
Painters, Decorators & Paper Hangers of America (AFL), be, and
it hereby is, dismissed.