The Cleveland Brass Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 10, 1941

33 N.L.R.B. 320 (N.L.R.B. 1941)

In the Matter of THE CLEVELAND BRASS MANUFACTURING COMPANY
and LOCAL 15, NATIONAL ASSOCIATION OF DIE CASTING WORKERS
(CIO)
Case No. R-2658.-Decided July 10, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Hugh E. Sperry, for the Board.
Stanley and Smoyer, of Cleveland, Ohio, for the Company.
Mr. E. S. Crudele, of Cleveland, Ohio, for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 10, 1941, Local 15, National Association of Die Casting
Workers (CIO), 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 repre-
sentation of employees of The Cleveland Brass Manufacturing Com-
pany, herein called the Company, engaged in the manufacture and
production of rough plumbers' goods, oil-dispensing equipment, and
valves at Cleveland, Ohio, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June 14,
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 Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice. On June 11, 1941, the Company, the Union, and the
Regional Director entered into a "STIPULATION FOR CERTIFI-
CATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 16, 1941, under the direction and supervision of the
33 N. L. R. B., No. 64.
320
THE CLEVELAND BRASS MANUFACTURING COMPANY 321
Regional Director, among all production and maintenance employees
and assistant foremen employed by the Company, exclusive of office
employees, plant-protection employees, foremen, and supervisors of a
higher rank, to determine whether or not they desired to be repre-
sented by the Union. On June 17, 1941, the Regional Director issued
and duly served upon the parties his 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 balloting and its results :
Total on eligibility list--------------------------------------- 163
Total ballots cast------- ------------------------------------ 141
Total ballots challenged------------------------------------- 0
Total blank ballots------------- ----------------------------- 1
Total void ballots------------------------------------------- 1
Total valid votes cast--------------------------------------- 139
Votes cast for Local 15, National Association of Die Casting
Workers (CIO)--------------------------------T---------- 120
Votes cast against Local 15, National Association of Die Casting
Workers (CIO)------------------------------------------ 19
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 The Cleveland Brass Manufacturing Com-
pany, Cleveland, Ohio, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees and assistant fore-
men employed by the Company, exclusive of office employees, plant-
protection employees, foremen, and supervisors of a higher rank, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Local 15, National Association of Die Casting Workers (CIO),
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 Rela-
tions Act,
322 DECISIONS OF NATIONAL LABOR.RELATIONS BOARD
IT IS HEREBY CERTIFIED that Local 15, National Association of Die
Casting Workers (CIO), has been designated and selected by a
majority of the production and maintenance employees and assistant
foremen of the Company, excluding office employees, plant-protection
employees, foremen, and supervisors of a higher rank, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to the provisions of Section 9 (a) of the Act, Local 15, National
Association of Die Casting Workers (CIO), is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.