The Hi-Flier Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 28, 1940

28 N.L.R.B. 164 (N.L.R.B. 1940)

In the Matter of THE HI-FLIER MANUFACTURING CO. and CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-2158.-Decided November f38, 1940
Investigation and Certification of Representatives: stipulation for 'certification
upon consent election.
Mr., Harvey A. Sellers, of Decatur, Ill., for the Company.
Mr. Alex Hudson, Jr., of St. Louis, Mo., for the Union.
`Miss Ann Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE '
On October 31, 1940, the Congress of Industrial Organizations,
herein called the-Union, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) an amended petition 1 alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Hi-Flier Manufacturing Company, herein
called the Company, engaged in the manufacture and sale of gliders,
kites, and toy airplanes at Decatur, Illinois, and requesting an inves-
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 ' Stat. 449, herein called the
Act. On the same day the Company, the Union, and an agent of the
Board entered into a "Stipulation for Certification Upon Consent
Election." On November 1, 1940, 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 investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
Pursuant to the above stipulation, an election by secret ballot was
conducted on November 8, 1940, under the direction and supervision
of the Regional Director, among all production and maintenance
1 The original petition was filed on October 16, 1940, in the name ,of the Steel Workers
Organizing Committee , C. I. O.
28 N. L. R. B., No. 31.
164
THE HI-FLIER MANUFACTURING CO. 165
employees of the Company, excluding supervisory, clerical, and of-
fice employees, and artists and designers, to determine whether or
not said employees desired to be represented by the Union. On
November 11, 1940, 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 number eligible to vote----------------------------- 101
Total number of ballots cast------------------------------ 101
Total number of votes for Congress of Industrial Organiza-
tions --------------------------------------------------- 80
Total number of votes against Congress of Industrial Organ-
izations ------------------------------------------------ 21
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, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Hi-Flier Manufacturing Company,
Decatur, Illinois, 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 of the Company; -ex-
cluding supervisory, clerical, and office employees, and artists and
designers, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. The Congress of Industrial Organizations 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 • 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 Congress of Industrial Organiza-
tions has-been designated and selected by a majority of the produc-
tion and maintenance employees of Hi-Flier Manufacturing Com-
pany, Decatur, Illinois, excluding supervisory, clerical and, office
166 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
employees, and artists and designers, as their representatives for the
purposes of collective bargaining, and that pursuant to the provision
of Section 9 (a) of the Act, the Congress of Industrial Organizations'
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of-
employment, and other conditions of employment.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Decision and Certification of Representatives.