The Etna Machine Co.

National Labor Relations Board - Board Decisions

Apr 10, 1942

40 N.L.R.B. 415 (N.L.R.B. 1942)

In the Matter of THE ETNA MACHINE COMPANY and LOCAL 12, INTER-
NATIONAL UNION, UNITED AUTOMOBILE WORKERS, C. I. O.
Case No. R-3521
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 10, 1942
On March 12, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceeding.' Pursuant to the Direction of Elec-
tions, elections by secret ballot were conducted on March 25, 1942,
under the direction and supervision of the Regional Director for the
Eighth Region (Cleveland, Ohio). On March 26, 1942, the Re-
gional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued an Elections Report, copies of which were duly
served upon the parties. No objections to the conduct of the ballot
or to the Elections Report were filed by-any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
MACHINE-SHOP EMPLOYEES
Total on eligibility list------------------------------------- 36
Total ballots cast------------------------------------------ 36
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 36
Votes cast for Local 12, International Union, United Automo-
bile Workers of America (CIO) --------------------------- 6
Votes cast for Locals 3 and 4, Mechanics Educational Society
of America----------------------------------------- ---- 30
Votes cast for neither--------------------------------------- 0
139 N. L . R. B. 733.
40 N. L R. B., No 69.
415
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FOUNDRY EMPLOYEES
Total on eligibility list______________________________________ 64
Total ballots cast__________________________________________ 57
Total ballots challenged -------------------------------------- 0
Total blank ballots_________________________________________ 0
Total void ballots ------------------------------------------- 0
Votes cast for Local 12, International Union, United Automobile
Workers of America (CIO) ----------------------------- 54
Votes cast against Local 12, International Union, United Auto-
mobile Workers of America (CIO) ----------------------- 3
In the Decision and Direction of Elections previously mentioned,
the Board made no final determination as to the appropriate unit.
The Board there stated :
If the machine-shop employees select a bargaining representa-
tive other than the representative selected by the employees -in
the foundry they will constitute a separate and distinct appro-
priate unit. If they choose the same representative as the
employees in the foundry, they will be merged into a single unit
with such employees.
Upon the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
We-find that all employees in the machine shop of The Etna Ma-
chine Company, Toledo, Ohio, excluding supervisory and office em-
ployees, constitute a unit appropriate for the purposes- of collective
bargaining.
We find that all employees in the foundry of The Etna Machine
Company; Toledo, Ohio, excluding supervisory and office employees,
constitute a unit appropriate for the purposes of collective bargain-
ing. We further find that such units will insure to employees of The
Etna Machine Company, Toledo, Ohio, the full benefit of their
right to self-organization and to collective bargaining and will other-
wise effectuate the policies of the -National Labor Relations Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All employees in the machine shop of The Etna Machine_Com-.
pany, Toledo, Ohio, excluding supervisory and office employees; con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Rela-
tions Act.
2. All employees in the foundry of The Etna Machine Company,
Toledo, Ohio, excluding supervisory and office employees, constitute
THE ETNA MACHINE COMPANY 417
a unit appropriate for the purposes of collective bargaining , within
the meaning of Section 9 (b) 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 , 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 HEREBY CERTIFIED that Locals 3 and 4, Mechanics Educational
Society of America has been designated and selected by a majority
of all employees in the machine shop of The Etna Machine Company,
Toledo, Ohio, excluding supervisory and office employees , as. their.
representative for the purposes of collective bargaining , and that
pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, Locals 3 and 4, Mechanics Educational Society of
America, 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.
IT IS HEREBY CERTIFIED that Local 12, International ' Union, United
Automobile Workers of America, C. I. 0., has been designated' and
selected by a majority of all employees in the foundry of The Etna
Machine Company , Toledo, Ohio, excluding supervisory and office
employees , as their representative for the purposes of collective bar-
gaining, and that pursuant to the provisions of Section 9 •(a) of the
National Labor Relations Act, Local 12, International Union, United
Automobile Workers of America, C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay , wages, hours of employment,
and other conditions of employment.
.t ,
455771-42-vol. 40-27