The Cory Corp.

National Labor Relations Board - Board Decisions

Aug 11, 1948

78 N.L.R.B. 923 (N.L.R.B. 1948)

In the Matter of THE CORY CORP., FRESHENED AIR DIVISION, EM-
PLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 1031, AFL, PETITIONER
Case No. 13-RC-141.-Decided August 11, 1948
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On March 4, 1948, International Brotherhood of Electrical Work-
ers, Local 1031, AFL, filed a petition alleging that a question of
representation existed concerning the employees of The Cory Corp.,
Freshened Air Division. On March 15, 1948, the Petitioner, the Em-
ployer, and the Regional Director entered into a "Stipulation for Cer-
tification Upon Consent Election." On April 26, 1948, an election
by secret ballot was conducted among the employees in the stipulated
unit, in accordance with the Stipulation and the Rules and Regula-
tions of the Board. Upon the conclusion of the election, a Tally of
Ballots was furnished the parties.
The Tally shows that, of the approximately 292 eligible voters, 180
cast ballots, of which 71 were for the Petitioner, 2 were against the
Petitioner, and 107 were challenged.
Because the challenged ballots could affect the results of the elec-
tion , the Regional Director for the Thirteenth Region, in accordance
with. the Board's Rules and Regulations, conducted an investigation.
Thereafter, on June 4, 1948, he issued and served upon the parties his
Report on Challenged Ballots, in which he recommended that the chal-
lenges to 79 ballots be sustained on the ground that they represented
the votes of economic strikers who had been permanently replaced.
As the remaining challenges would not affect the results of the election,
the Regional Director further recommended that the Petitioner be
certified.
No exceptions having been Piled to these recommendations, within
the period provided therefor, we hereby adopt them?
' United Electrical , Radio and Machine Workers , CIO, a non-complying union without a
contractual interest , filed a letter in the nature of exceptions The union was not per-
mitted to intervene at the hearing, nor was it allowed to appear on the ballot. A union
which has not appeared on the ballot is not a party to the proceeding, and has no standing
to file exceptions Matter of Westinghouse Electric Corporation , 78 N. L. R. B 315.
Accordingly , we shall not entertain the exceptions filed by this union.
78 N. L. R. B., No. 130.
923
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the entire record in the case, the Board 2 makes
the following findings of fact :
1. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act, as amended.
2. All production and maintenance employees, excluding office and
clerical employees, sales employees, professional employees, guards,
watchmen, and supervisors, constitute a unit appropriate for the pur-
poses of collective bargaining. -
Accordingly, as the Petitioner has won the election, we shall certify
it as the collective bargaining representative of the employees in the
appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local 1031, AFL, has been designated and selected by a
majority of the employees of the above-named Employer, in the unit
hereinabove found by the Board to be appropriate, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act, as amended, the said organization is the
exclusive representative of all the employees of such unit for the pur-
poses of collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three - man panel consisting
of the undersigned Board Members [ Houston, Murdock , and Gray].