The H. W. Madison Co.

National Labor Relations Board - Board Decisions

Jun 11, 1941

32 N.L.R.B. 583 (N.L.R.B. 1941)

In the Matter of TmE H. W. MADISON COMPANY and AMERICAN
FEDERATION OF LABOR
Case No. R-2594-Decided June 11, 1941
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. Walter E. Taag and Mr. Hugh, E. Sperry, for the Board.
Mr. J. M. Irwin, of Medina, Ohio, for the Company.
Mr. Howard Reed, of Medina, Ohio, for the Union.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On April 4, 1941, the American Federation of Labor, herein
called the Union, filed- with the Rigional Director for the Eighth
Region (Cleveland, Ohio) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of The H. W. Madison Company, herein called the Company, en-
gaged in packing food products at Medina, Ohio, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On May 7, 1941, the National Labor Rela-
tions 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 Director to
conduct it and to provide for an appropriate hearing on due notice.
On May 6, 1941, the Company, the Union, the Regional Director,
and an attorney for the Board entered into a "STIPULATION
FOR CERTIFICATION ON CONSENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on May 19, 1941, under the direction and supervision of the
Regional Director among all production and maintenance employees
of the Company at its Medina, Ohio, plant, exclusive of foremen,
truck drivers, chemists, engineers, watchmen, clerical workers, and
office employees, to determine whether or not said employees de-
32 N L. R. B., No. 109.
583
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sired to be represented by the Union for the purposes of collective
bargaining with the Company. On May 21, 1941, the Regional Di-
rector 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 number of employees eligible to vote------------------ 233
Total number voted ---------------------------------------- 211
Total number of valid votes cast----------------------------- 211
Total number of votes for the American Federation of Labor __ 155
Total number of votes against the American Federation of
Labor ---------------------------------------------------- 56
Total number of blank ballots-------------------------------- 0
Total number of void ballots------------------------------- 0
Total number of challenged ballots--------------------------- 0
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 H. W. Madison Company, Medina,
Ohio, 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 employed by the
Company at its Medina, Ohio, plant, exclusive of foremen, truck
drivers, chemists, engineers, watchmen, clerical workers, and office
employees, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. American Federation of Labor has been designated and selected
by a-majority of the employees in the above unit as their representa-
tive 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, - . -
IT IS HEREBY CERTIFIED that the American Federation of Labor has
been- designated and selected by a majority of the production and
maintenance employees at the Medina, Ohio. plant of The H. W.
THE H. W. MADISION 'COMPANY 585
Madison Company, exclusive of foremen, truck drivers, chemists,
engineers, watchmen, clerical workers, and office employees, as their
representative for the purposes of collective bargaining, and that
pursuant to the provisions of Section 9 (a) of the Act, American
Federation of Labor is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.