The Dickey Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 9, 1941

33 N.L.R.B. 214 (N.L.R.B. 1941)

In the Matter of THE DICKEY MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA, (C. I. 0.)
Case No. R-2657.-Decided July 9,1941
Practice and Procedure :. petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election , show that no
representative has been selected by a majority of the employees in the ap-
propriate unit.
Mr. Walter E., Taag, for the Board.
Mr. G. V. Dickey, of Toledo, Ohio, for the Company.-
Mr. Kenneth L. Cole, of Toledo, Ohio, for the Union.
Mr. Bertram Diamond, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On May 16, 1941, Textile Workers Union of America, affiliated with
the Congress of Industrial Organizations, 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, The Dickey
Manufacturing Company, herein called the Company, engaged in the
manufacture and sale of awnings and tents at Toledo, Ohio, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the" National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 19, 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 Rela-
tions 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
May 16, 1941, the Company, the Union, 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 June 12, 1941, under the direction and supervision of the
Regional Director, among all production employees of the Company,
33 N. L . R. B., No. 52.
214
THE DICKEY MANUFACTURING COMPANY 215
excluding supervisors and office and clerical employees, to determine
whether or not said employees desired to be represented by Textile
Workers Union of America (C. I. 0.). On June 16, 1941, the Regional
Director issued and duly'served upon the parties his Election Report
on the balloting. 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-------------------------------------- 178
Total ballots cast -------------------------------------------- 153.
Total ballots challenged------------------------------------- 4
(a) Challenged ballots determined eligible---------------- 0
(b) Challenged ballots determined not eligible ----------- 0
Total blank ballots------------------------------------------ 1
Total void ballots------------------------------------------- 2
Total valid votes cast--------------------------------------- 146
Votes cast for Textile Workers Union of America -(C. I. 46
Votes cast againstTextile Workers Union of•Anierica (C. I. 0.)= 100
The results of 'the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees of the
Company in the.unit'stipulated to be appropriate for'collective bar-
gaining. We shall 'therefore dismiss the petition for investigation
and certification of representatives-of employees 'of the Company.
ORDER
By virtue of Section 9. (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations -Series 2, as amended:
`IT'is HEiiE1fY bRDERED that-the petition for-investigation and certifica-
tion of representatives of employees of The Dickey Manufacturing
Company, Toledo, Ohio,- filed by Textile Workers Union- of America
(C. I. 0.), be, and it hereby is, dismissed. .