Metal Industries, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1941

37 N.L.R.B. 1033 (N.L.R.B. 1941)

III the Matter Of METAL INDUSTRIES, INC. aind TEXTILE WORKERS UNION
OF AMERICA, LOCAL No. 169, AFFILIATED WITH THE C. I. O.
Case No. R-33841.-Decided December 30, 1941
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. J. C. Clark, for the Board.
Mr. Kurt F. Pamtzer, of Indianapolis, Ind., for the Company.
Mr. Ralph Cline, of Indianapolis, Ind., for the Union.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 27 and November 28, 1941, respectively, Textile Workers
Union of America, Local No. 169, affiliated with the C. I. 0., herein
called the Union, filed with the Regional Director for the Eleventh
Region (Indianapolis, Indiana) a petition and amended petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Metal Industries, Inc., herein called
the Company, engaged in the manufacture and sale of thermic jugs
and fabricated tubular products at Indianapolis, Indiana, and re-
questing 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 December 1, 1941, the Company, the Union,
and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION ON CONSENT ELECTION." On December
21, 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.
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on December 5, 1941, under the direction and supervision of
37 N L. R. B., No. 179.
1033
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director, among all production and maintenance em-
ployees of the Company, excluding supervisory and clerical employees,
to determine whether or not they desired to be represented by the
Union. On December 6, 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 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 results :
Total on eligibility list------------------------------------- 52
Total ballots cast- ----------------------------------------- 47
Total ballots challenged ------------------------------------- 1
Total blank ballots----------------------------------------- 1
Total void ballots ------------------------------------------- 0
Total valid votes counted ----------------------------------- 45
Votes cast for Textile Workers Union of America , Local No.
169, affiliated with the C I 0----------------------------- 30
Votes cast against the Textile Workers Union of America, Local
No. 169, affiliated with the C . I. 0-------------------------- 15
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 Metal Industries, Inc., Indianapolis, In-
diana, 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,
excluding supervisory and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
3. Textile Workers Union of America, Local No. 169, 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 pur-
poses of collective bargaining, and is the exclusive representative
of all employees in 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
Relations Act,
IT IS HEREBY CERTIFIED that Textile Workers Union of America,
Local No. 16^, Affiliated with the C. 1. 0., has been designated and
METAL 1NDUSTRTES, INC. 1035
selected by a majority of all production and maintenance employees
of Metal Industries, Inc., Indianapolis, Indiana, excluding super-
visory and clerical employees, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Textile Workers Union of America, Local No. 169, Affil=
iated with the C. I. 0., 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.
Mr. GERARD D. REILLY took no part in the consideration of the
above Decision and Certification of Representatives.