Vickers, Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1941

28 N.L.R.B. 1048 (N.L.R.B. 1941)

In the Matter of VICKERS, INC. and LOCAL 157, INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF . AMERICA, AFFILIATED WITH THE
C. I. 0.
Case No. R-22f8.-Decided January 9, 1941
Practice and Procedure : petition dismissed where union received no majority at
consent election held pursuant to a stipulation for certification upon consent
election.
Mr. Oscar Grossman, for the Board. °
Mr. K., R. Herman, of Detroit, Mich., for the Company.
Mr. Mathew B. Hammond, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On November 26, 1940, Local 157, International Union, United
Automobile Workers of America, affiliated with the C. I. 0., filed
with the Regional Director for the Seventh Region (Detroit, Michi-
gan) a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Vickers, Inc., herein
called the Company, engaged in the manufacture, sale, and distribu-
tion of hydraulic pumps, valves, and other controls at Detroit,
Michigan, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On December 3, 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 December 10, 1940, the Company, the Union,
and counsel 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 December 11, 1940, under the direction and supervision of
- 28 N. L . R. B., No. 156.
1048
VICKERS, INC. 1049
the Regional Director, among all hourly rate production and mainte-
nance employees of the Company, excluding office and clerical employ-
ees, watchmen, and employees in a supervisory capacity with a right
to hire or discharge or to recommend hire or discharge, to determine
whether or not, said employees desired to be represented by the
Union. On December 13, 1940, the Regional Director issued and duly
served upon the parties an Election Report on the ballot.' No ob-
jections 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------------------------------------ 1057
Total ballots cast-- ----'----------------------------------- 1040
Total ballots challenged----------------------------------- 0
Total blank ballots- --------------------------------------- 1
Total void ballots----------------------------------------- 0
Total valid . votes cast-------------------------------- ---- 1039
Votes cast for Local 157, International Union, United Auto-
mobile Workers of America , C. I. 0 ---------------------- 413
Votes cast against Local 157, International Union, United
Automobile Workers of America , C. I. 0------------------ 626
The results of the election show that no representative has_ been
selected by a majority of the employees in the appropriate unit.
The petition of Local 157, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., for investigation
and certification of representatives of employees of Vickers, Inc.,
Detroit, Michigan, will therefore be dismissed.
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACTS
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Vickers, Inc., Detroit, Michigan, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
2. All hourly rate poduction and' maintenance employees of the
Company, excluding office and clerical employees, watchmen, and
employees in a supervisory capacity with the right to hire or dis-
charge or to recommend hire or discharge, constitute a-unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Labor Relations Board Rules and, Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Vickers, Inc., Detroit,
Michigan, filed by Loca1157, International Union, United Automobile
`Yorkers of America, affiliated with the C. I.:.0., be,,and itrherebyris;
dismissed.