Toycraft Rubber Co.

National Labor Relations Board - Board Decisions

Oct 16, 1941

36 N.L.R.B. 177 (N.L.R.B. 1941)

In the Matter of TOYCRAFT RUBBER COMPANY and UNITED RUBBER
WORKERS OF AMERICA (C. I. 0.)
Case No. R-30,52.-Decided October 16, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election. ,
111r. Hugh E. Sperry, for the Board.
111r. Dwight A. Blaclc7more, of Ashland, Ohio, for the Company.
Mr. F. M. Dickenson, of Ashland, Ohio. for the Union.
Mr. Sydney S. Asher, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 25, 1941, United Rubber Workers of America, affiliated
with Congress of Industrial Organizations, herein called the Union,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition and on September 9, 1941, an amended petition,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Toycraft Rubber Company, Ash-
land, Ohio, herein called the Company, engaged in the manufacture
of rubber products, including balloons and sponge rubber balls, 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 September 9, 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 on due notice. On Sep-
tember 6, 1941, the Company, the Union, and the Regional Director
for the Board, entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on September 12, 1941, under the direction and supervision
36 N. L. R. B., No. 31.
177
4.93118-42-vol. 36 13
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director, among all production and maintenance em-
ployees of the Company, exclusive of supervisory and clerical em-
ployees, to determine whether or not they desired to be represented
by the United Rubber Workers of America (C. I. 0.) for the purposes
of collective bargaining. On September 15, 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 on eligible list----------------------------------------- 43
Total ballots cast--------------------- ------------------------- - 41
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- o
Total valid votes cast--------------------------------------- 41
Total votes cast for United Rubber Workers of America
(C. I. 0.) ------------------------------------------------ 32
Total votes cast against United Rubber Workers of America
(C. I. 0.) ------------------------------------------------ ' 9
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 Toycraft Rubber Company, Ashland, 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 Toycraft Rubber
Company, Ashland, Ohio, exclusive of supervisory and clerical em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. United Rubber. Workers of America, affiliated with 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 repre-
sentative 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,
TOYCRAFT RUBBER COMPANY 179
. IT IS HEREBY CERTIFIED that United Rubber Workers of America,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of the production and mainte-
nance employees of Toycraft Rubber Company, Ashland, Ohio, exclu-
sive of supervisory and clerical employees, as their representative
for the purposes of collective bargaining, and that pursuant to the
provisions of Section 9 (a) of the Act, United Rubber Workers of
America, affiliated with the Congress of Industrial Organizations, is
the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Certification of Representatives.