The W.W. Sly Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 31, 1941

33 N.L.R.B. 1006 (N.L.R.B. 1941)

In the Matter of THE W . W. SLY MANUFACTURING Co. and LOCAL 735,
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA (CIO)
Case No. B-2779.-Decided July 31, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Hugh E. Sperry and Mr. Walter E. 7'aag, for the Board.
Mr. S. Vessey, of Cleveland, 0., for the Company.
Mr. Joseph Kres, of Cleveland, 0., for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 30, 1941, Local 735, United Electrical, Radio & Machine
Workers of America (CIO), 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 W. W. Sly Manufacturing
Co., herein called the Company, engaged in the manufacture of foundry
equipment at Cleveland, Ohio, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
July 10, 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 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 the same date the Company, the Union,
the Regional Director, and a Field Examiner for the Board, entered
into a "STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 11, 1941, under the direction and supervision of the
Regional Director among all production and maintenance employees
33 N. L. R. B., No. 177.
1006
THE W. W. SLY MANUFACTURING Co.. 1007
of the Company and those directly associated with production, ex-
cluding office, supervisory and technical employees to determine
whether or not they desired to be represented by the Union. On July
14,1941, 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 to 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_____________________________________ 126
Total ballots cast__________________________________________ 118
Total challenged ballots____________________________________ 3
Total blank ballots_________________________________________ 0
Total void ballots _________________________________________ 3
Total valid votes ca`st_____________________________________
Votes cast for Local 735, United Electrical Radio & Machine
112
Workers of America (CIO)____________________________85
Votes cast against Local 735, United Electrical, Radio &
Machine Workers of America (CIO)______________________ 27
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 W. W. Sly Manufacturing Co., Cleve-
land, 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 of the Company, and
those directly associated with production, excluding office, supervisory
and technical employees constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Local 735, United Electrical, Radio & Machine Workers of
America (CIO) 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 IIEREBY CERTIFIED that Local 735, United Electrical, Radio &
Machine Workers of America (CIO) has been designated and selected
by a majority of the production and maintenance employees of the
Company and those directly associated with production, excluding
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office, supervisory and technical employees, as their representative for
the purposes of collective bargaining and that pursuant to the provi-
sions of Section 9 (a) of the Act, Local 735, United Electrical, Radio
& Machine Workers of America (CIO) 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.