The Ohio Foundry Co.

National Labor Relations Board - Board Decisions

Sep 8, 1941

35 N.L.R.B. 302 (N.L.R.B. 1941)

In the Matter of THE OHIO FOUNDRY COMPANY, PLANT No. 1 and
UNITED AUTOMOBILE WORKERS OF AMERICA (AFL)
Case No. R-0934.-Decided September 8, 1941
1
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. -Palter E. Taag and Harry L. Lodish, for the Board.
Mr. J. C. Maher, for the Company.
Mr. John Cook, for the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 28, 1941, United Automobile Workers of America (AFL),
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 Ohio Foundry Company, Plant No. 1, herein called the Com-
pany, engaged solely in the foundry business at Cleveland, Ohio, and
requesting 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 August 14, 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 Au-
gust 12,1941, the Company, the Union, a Field Examiner of the Board,
and the Acting Regional Director entered into a "STIPULATION
FOR CERTIFICATION OF REPRESENTATIVES UPON
CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 18, 1941, under the direction and supervision of
35 N L. R. B., No. 60.
302
THE OHIO FOUNDRY COMPANY 303
the Regional Director among all production and maintenance employ-
ees in the Company's No. 1 plant, excluding foremen, supervisors;
office workers, pattern makers, and truck drivers to determine whether
or not they desired to be represented by the Union.
On August 19, 1941, 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 on eligibility list------------------------------------ 143
Total ballots cast---------------------------------------- 119
Total ballots challenged----------------------------------- 0
Total blank ballots-------------------------------------- 1
Total void ballots---------------------------------------- 1
Total valid votes cast----------------------- ------------- 117
Votes cast for United Automobile Workers of America (AFL) - 74
Votes cast against United Automobile Workers of America
(AFL) ------------------------------------------------- 43
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 Ohio Foundry Company, Plant No. 1,
Cleveland, 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 in the Company's
No. 1 plant, excluding foremen, supervisors, office workers, pattern
makers, and truck drivers constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of 'the National Labor Relations Act.
3. United Automobile Workers of America (AFL) has been desig-
nated 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 Relations
Act,
IT Is HEREBY CERTIFIED that United Automobile Workers of America
(AFL) has been designated and selected by a majority of all pro-
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees of The Ohio Foundry Company-
in its Plant No. 1, Cleveland, Ohio, excluding foremen, supervisors,
office workers, pattern makers, and truck drivers, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
the provisions of Section 9 (a) of the Act, United Automobile Work-
ers of America (AFL) 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.