Picker X-Ray Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1941

32 N.L.R.B. 281 (N.L.R.B. 1941)

In the Matter of PICKER X-RAY CORPORATION, WAITE MANUFACTURING
DIVISION, INC. and LOCAL 735 , UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA (C. I. 0. )
Case No. R-2.580-Decided June 3, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Hugh E. Sperry, for the Board.
Stanley c(; Smoyer, of Cleveland, Ohio, for the Company.
Mr. Joseph Kress, of Cleveland, Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF ?HE CASE
On May 7, 1941, Local 735, United Electrical, Radio & Machine
Workers of America (C. I. 0.), herein called the&Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Picker X-Ray Corporation, Waite
Manufacturing Division, Inc., herein called the Company, engaged in
the manufacture of X-ray and electrical medical equipment at Cleve-
land, Ohio, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On May 7, 1941, the Com-
pany, the Union, and the Regional Director entered into a "STIPULA
TION FOR CERTIFICATION UPON CONSENT ELECTION.
On May 8, 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 May 9, 1941, ender the direction and supervision of the
32 N. L. R. B , No. 62.
281
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director among all employees of the Company, excluding
office employees, supervisory employees, and engineering employees, to
determine whether or not they desire to be represented by the Union.
On May 14, 1941, the Regional Director 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.
In his Election Report the Regional Director reported as follows
concerning the ballot and its results :
Total on eligibility list____________________________________ 194
Total ballots cast___ ______________________________________ 189
Total challenged ballots ___________________________________ 0
Total blank ballots_______________________________________ 0
Total void ballots -- --------------------------------------- 0
Total valid votes cast_____________________________________ - 189
Votes cast for Local 735, United Electrical, Radio & Machine
Workers of America,(C. I. 0.) -------------------------- 177
Votes cast against Local 735, United Electrical, Radio &
Machine Workers of America ( C. I. 0.) ------------------- 12
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 Picker X-Ray Corporation, Waite Manu-,
facturing Division, Inc., Cleveland, Ohio, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All employees of the Company, excluding office employees,
supervisory employees, and engineering employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. Local 735, United Electrical, Radio & Machine Workers of
America (C. I. 0.) has been designated and selected by a majority'
of the employees 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
Relations Act
PICKER X-RAY CORPORATION - 283
IT IS HEREBY CERTIFIED that Local 735, United Electrical, Radio
Machine Workers of America (C. I. 0.) has been selected by a
majority of all employees of Picker X-Ray Corporation, Waite Manu-
facturing Division, Inc., Cleveland,- Ohio, excluding office employees,
supervisory employees, and engineering employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Local 735, United Electrical, Radio &
Machine Workers of America (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.