Page Engineering Co.

National Labor Relations Board - Board Decisions

Jun 11, 1941

32 N.L.R.B. 580 (N.L.R.B. 1941)

In the Matter of PAGE ENGINEERING COMPANY and UNITED AUTO-
MOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-2603.Decided June 11, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Stephen M. Reynolds , for the Board.
Barry & Crowley , by Mr. Rupert Barry, of Chicago , Ill., for the
Company.
Meyers c Meyers , by Mr. Ben Meyers, of Chicago, Ill., for the
U.A.W.
Mr. Theodore Stone , of Chicago , Ill., for the Independent.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 31, 1941, United Automobile Workers of America, affili-
ated with the C. I. 0., herein called the U. A. W., filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Page Engineering
Company, herein called the Company, engaged in the design, Iranu-
facture, and sale of drag line excavating machines and buckets at
Chicago, Illinois, 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 April 26,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Sec-
tion 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.
On April 28,1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the U. A. W.,
32 N. L R. B, No. 108.
580
PAGE (ENGINEERING COMPANY 581
and Drag Line & 'Bucket Workers Union of the Page Engineering
Company, herein called the Independent, a labor organization claim-
ing to represent employees affected by the investigation. Pursuant
to the notice, a hearing was held on May 6, 1941, at Chicago, Illinois,
before Stephen M. Reynolds, the Trial Examiner duly designated by
the Chief Trial Examiner. The Company, the U. A. W., and the
Independent were represented by counsel and participated in the
hearing. During the course of- the hearing, all parties agreed to
enter into a written stipulation settling the proceeding without fur-
ther hearing, and the hearing was closed. On May 7, 1941, the Com-
pany, the U. A. W., the Independent, and the Board entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on May 15, 1941, under the direction and supervision of the
Regional Director, among all production and maintenance employees
of the Company, excluding foremen, assistant foremen, supervisory
employees, office clerical employees, watchmen, and outside truck
drivers, to determine whether said employees desired to be represented
by the U. A. W., by the Independent, or by neither. On May 19,
1941, the Regional Director issued and duly, served upon the parties
his Election Report. No Objections 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 number on eligible list___________________ _____ 121
Total number of ballots cast_________________________________ 121
Total number of ballots cast for Drag Line & Bucket Workers
Union of the Page Engineering Company___________________ 80
Total number of ballots cast for United Automobile Workers of
America, Affiliated with the C. I. O________________________ 34
Total number of ballots cast for Neither_______________________ 2
Total number of ballots challenged __________________________ 5
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 Page Engineering Company, Chicago, Illi-
nois, 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, ex-
cluding foremen, assistant foremen, supervisory employees,. office
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical employees, watchmen, and outside truck drivers, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. Drag Line & Bucket Workers Union of the Page Engineering
Company has been designated and selected by a majority of the em-
ployees in the above unit as their representative for the purposes of
collective bargaining, and is the exclusive representative of all the
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Drag Line & Bucket Workers Union
of the Page Engineering Company has been designated and selected
by a majority of all production and maintenance employees of Page
Engineering Company, Chicago, Illinois, excluding foremen, assist-
ant foremen, supervisory employees, office clerical employees, watch-
men, and outside truck drivers, as their representative for the pur-
poses of collective bargaining, and that Drag Line & Bucket Workers
Union of the Page Engineering Company is the exclusive representa-
tive 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.