West Steel Castings Co.

National Labor Relations Board - Board Decisions

Jul 21, 1941

33 N.L.R.B. 694 (N.L.R.B. 1941)

In the Matter of WEST STEEL CASTINGS COMPANY and UNITED
AUTOMOBILE WORKERS OF AMERICA , LOCAL 684 (A. F. L.)
Case No. R-0687.-Decided July 21,1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Louis Plost, for the Board.
Mr. J. E. Pike and Mr. Anthony Mackay, of Cleveland, Ohio, for
the Company.
Mr. Frank Roth and Mr. Walter L. Ellis, of Cleveland, Ohio, for
U. A. W.
Mr. Claude A. Martin and Mr. Carl R. Montsch, of Cleveland, Ohio,
for the Independent.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 19, 1941, United Automobile Workers of America, Local
684 (A. F. L.), herein called the U. A. W., filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of West Steel Castings Company, herein called
the Company, engaged in the manufacture and distribution of steel
castings at Cleveland, Ohio, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June 20,
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 June 19, 1941, the Company, the U. A. W., and West-
steel Independent Union, herein called the Independent, an unaffiliated
labor organization admitting to membership employees of the Com-
33 N. L. R. B., No. 119.
694
WEST STEEL CASTINGS COMPANY 695
pany, and the Regional Director entered into a "STIPULATION
FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 21, 1941, under the direction and supervision of the
Regional Director, among all production and maintenance employees
of the Company's Cleveland plant, exclusive of superintendents, fore-
men, assistant foremen, clerical and office employees, truck drivers, all
wood- and metal-pattern makers and apprentices, technical and labora-
tory employees, and restaurant employees, to determine whether said
employees desired to be represented by U. A. W., or by the Independent,
for the purposes of collective bargaining, or by neither.' On June 23,
1941, the Regional Director issued and duly served upon the parties
an 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-------------------------------------- 217
Total ballots cast------------------------------------------- 204
Total ballots challenged------------------------------------ 1
Total blank ballots----------------------------------------- 1
Total void ballots------------------------------------------ 1
Total valid votes cast-------------------------- ------------- 201
Votes cast for United Automobile Workers of America, Local
684 (A. F. L.)-------------------------------------------- 57
Votes cast for Weststeel Independent Union------------------ 144
Votes cast for neither--------------------------------------- 0
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 West Steel Castings Company, 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 of the Company's
Cleveland plant, exclusive of superintendents, foremen, assistant
foremen, clerical and office employees, truck drivers, all. wood--and
metal-pattern makers and apprentices, technical and laboratory em-
ployees, and restaurant 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. Weststeel Independent Union has been designated and selected
by a majority of the employees in the above unit as their representa-
tive 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.
696 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Weststeel Independent Union has been
designated and selected by a majority of the production and main-
tenance employees of West Steel Castings Company, Cleveland, Ohio,
exclusive of superintendents, foremen, assistant foremen, clerical and
office employees, truck drivers, all wood- and metal-pattern makers
and apprentices, technical and laboratory employees, and restaurant
employees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, Weststeel Independent Union 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.