The W. J Schoenberger Co.

National Labor Relations Board - Board Decisions

May 29, 1940

24 N.L.R.B. 207 (N.L.R.B. 1940)

In the Matter of THE W. J SCHOENBERGER COMPANY and AMALGAM-
ATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH
AMERICA, THROUGH STEEL WORKERS ORGANIZING COMMITTEE, LODGE
1637 (C. I. 0.)
Case No. R-1841.-Decided May 29, 1940
Valve Manufacturing Industry-Agreement: stipulation for certification upon
consent pay-roll check-Certification of Representatives: upon proof of majority
representation.
Mr. Harry L. Lodish, for the Board.
Mr. W. J. Schoenberger, of Cleveland, Ohio, for the. Company.
Mr. Elmer F. Cope, of Cleveland, Ohio, for the Union.
Miss Ann Landy, of counsel to the Board. -
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 1, 1940, Amalgamated Association of Iron, Steel & Tin
Workers of North America, through Steel Workers Organizing Com-
mittee, Lodge 1637 (C. I. 0.), herein called the Union, filed with the
'Regional Director for the Eighth Region (Cleveland, Ohio), a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of The W. J. Schoenberger Company,
herein called the Company, engaged in the manufacture and sale of
valves at Cleveland, Ohio, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On May 6,
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 investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
'due notice. On May 8, 1940, the Company, the Union, and the Board
entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT PAYROLL
.CHECK."
24 N. L. R. B., No. 8.
207
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, a pay-roll check by comparison of union
designations with the pay roll of the Company for the period ending
April 30, 1940, was made on May 8, 1940, under the supervision of
the Regional Director, to determine the number of the hourly paid
production employees of the Company, excluding foremen, super-
visory and salaried' employees, and watchmen, who designated the
Union as their bargaining agency. On May 13, 1940, the Regional
Director, acting pursuant to the stipulation, issued and duly served
upon the parties his Consent Payroll Check Report. No objections
to said Report have been filed by any of the parties.
In his Report the Regional Director reported that the comparison
of. the union designations with the pay roll of the Company showed
that one hundred seventy-three (173) out of two hundred five (205)
eligible employees authorized the Union to represent them for the
purposes of collective bargaining with the Company with respect
to rates of pay, wages, hours of work, and other conditions of
employment.
Upon the basis of the'stipulation, the Consent Payroll Check 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 W. J. Schoenberger Company, Cleve-
land, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All hourly paid production employees of the Company, exclud-
ing foremen, supervisory and salaried employees, and watchmen, 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.
3. Amalgamated Association of Iron, Steel & Tin Workers of North
America, through Steel Workers Organizing Committee, Lodge 1637
(C. I. 0.) 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 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 Relations Act,
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron,
Steel & Tin Workers of North America, through Steel Workers Or-
THE W. J. SCHOENBERGER COMPANY 209
ganizing Committee, Lodge 1637 ( C. I. 0.) has been designated and
selected by a majority of the hourly paid production employees of
The W . J. Schoenberger Company, Cleveland, Ohio, excluding fore-
men, supervisory and salaried employees, and watchmen , as their
representative for the purposes of collective bargaining , and that pur-
suant to the provision of Section 9 (a) of the Act , Amalgamated
Association of Iron , Steel & Tin, Workers of North America , through
Steel Workers Organizing Committee , Lodge 1637 ( C. I. 0.), is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages , hours of em-
ployment, and other conditions of employment.