Smith Meter Co.

National Labor Relations Board - Board Decisions

May 18, 1942

41 N.L.R.B. 62 (N.L.R.B. 1942)

In the Matter of SMITH METER Co. and UNrrED ELECTRICAL, RADIO
& MACHINE WORKERS OF AMERICA, LOCAL 1421, C. I. O.
Case No. R-3811.-Decided May 18,1942
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. H. F. Detrick, of Los Angeles, Calif., for the Company.
Mr. William Elconin, of Los Angeles,- Calif., for the C. I. O. _
Mr. George H. Gentith.es, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 1421, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Smith Meter Co., herein called the
Company, engaged at 'Los Angeles, California, in the manufacture
and sale of positive displacement meters and accessories for the
measurement of liquefied petroleum products, the National Labor
Relations Board provided for an appropriate hearing upon due notice.
On April 24, 1942, before a hearing was held, the Company, the
C. I. 0., and the Regional Director for the Twenty-first Region (Los
Angeles, California) entered into a "STIPULATION FOR CERTIFICATION
ON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on May 1, 1942, under the direction and supervision- of the
Regional Director, among all production and maintenance employees
of the Company, excluding office employees and supervisory em-
ployees with the right to hire or discharge or to recommend hiring or
discharging, to determine whether or not they desire to be repre-
sented by the C. I. O. On May 2, 1942, 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.
As to the balloting and its results, the Regional Director reported
as follows :
41 N. L. R. B., No. 15.
62
SMITH METER CO. 63
Total on eligibility list-------------------------------------- 163
Total ballots cast------------------------------------------ 153
Total 'ballots challenged----------------------------------- 6
Total blank ballots----------------------------------------- 2
Total void'ballots -------------- ---------------------------- 0
Total valid votes counted----------------------------------
Votes cast for United Electrical, Radio & Machine Workers of
145
America, Local 1421, CIO--------------------------------- 110
Votes cast against United Electrical; Radio & Machine Workers
of America; Local 1421, CIO------------------------------ 35
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 Smith Meter Co., Los Angeles, California,
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 'Smith Meter Co.,
Los Angeles, California, excluding office employees and supervisory
employees with the right to hire or discharge or to recommend hiring
or discharging constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. United Electrical, Radio &'Machine Workers of America, Local
1421, C. I. 0., has been designated and selected by a majority of
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all em-
ployees 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 HERESY CERTIFIED - that United Electrical, Radio & Machine
Workers of America, Local 1421, C. I. 0., has been designated and
selected by a majority of all production and maintenance employees
of Smith Meter Co., Los Angeles, California, excluding office em-
ployees and supervisory employees with the right to hire or discharge
or to recommend hiring or discharging, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, United Electrical, Radio & Machine Workers of
America, Local 1421, C. I. 0., is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions
of employment.