Indianapolis Paint & Color Co.

In the Matter Of INDIANAPOLIS PAINT & COLOR Co. and CHEMICAL DIVISION OF DISTRICT No. 50 UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE CIO In the Matter Of INDIANAPOLIS PAINT AND COLOR Co. and COAL, ICE, BUILDING MATERIAL DRIVERS AND HELPERS, LOCAL No. 716, OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS WAREHOUSEMEN AND HELPERS , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. R-3332 and R-3333, respectively SUPPLEMENTAL DECISION AND CERTIFICATIONS OF REPRESENTATIVES March 10, 1942 On January 13, 1942, the National Laboi Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceeding.' Pursuant to the Direction of Elec- tions, elections by secret ballot were conducted on February 10, 1942, under the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On February 24, 1942, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules- and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served on the parties. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows: - Group 1. Truck drivers, warehousemen and helpers Total on eligibility list_______________________________ 15 Total ballots cast____________________________________ 14 Total ballots challenged______________________________ 1 Total blank ballots__________________________________ 0 Total void ballots___________________________________ 0 Total valid votes counted_____________________________ 13 Votes cast for Chemical Division of District No. 50 United Mine Workers of America (CIO) -------------------- 6 1 38 N. L. R. B. 185. .39 N. L. R. B., No. 124. 659 660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Votes cast for Coal, Ice, Building Material Drivers and Helpers, Local No. 716 of the International Brother- hood of Teamsters, Chauffeurs, Warehousemen and Helpers (AFL) ------------------------------------ 7 Votes cast for neither organization--------------------- 0 Group 2. Production and maintenance employees Total on eligibility list------------------------------- 35 Total ballots cast------------------------------------ 32 Total ballots`challenged ------------------------------ 0 Total blank ballots---------------------------------- 0 Total void ballots----- ------------------------------ 0 Total valid votes counted----------------------------- 32 Votes cast for Chemical Division of District No. 50 United Mine Workers of America (CIO) -------------------- 25 Votes cast against Chemical Division of District No. 50 United Mine Workers of America (CIO) -------------- 7 With respect to the challenged ballot shown in Group 1 above, the Regional Director ruled that this ballot should not be counted. None of the,parties has excepted to the Regional Director's ruling, which is hereby affirmed. In the Decision and Direction -of Elections previously referred to the' Board made no final determination as to the appropriate unit or units. The Board therein stated that such determination would depend in part upon the results of the elections, and that "if a ma- jority of the warehousemen, truck drivers, and helpers select the Teamsters as their representative, they will constitute a separate and distinct bargaining unit; if a majority of them choose the U. M. W. A. and a majority of the, production and maintenance employees also express their desire to be represented by the U. M. W. A., then the two classes of employees shall together constitute a single unit.'-' Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDINGS OF FACT We find that the truck drivers, warehousemen, and helpers employed by Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding office and supervisory employees and shipping and receiving clerks constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. We find that all production and maintenance employees (including working foremen). employed by Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding office and supervisory employees, chemists, and glaziers constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to, self-organization INDIANAPOLIS PAINT & COLOR CO 661 and to collective bargaining and other-wise will effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire record in the case , the Board makes the following: SUPPLEMENTAL CONCLUSIONS OF LAW 1. The truck drivers, warehousemen , and helpers employed by the Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding office and supervisory, employees and shipping and receiving clerks constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 2. The production and maintenance employees (including working foremen) employed by the Indianapolis Paint & Color Co., Indian- apolis, Indiana, excluding office and supervisory employees, chemists, and glaziers constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATIONS 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 Rela- tions Act , 49 Stat. 449 , and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Coal , Ice, Building Material Drivers and Helpers , Local No. 716 of the International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers , affiliated with the American Federation of Labor, has been designated and selected by a majority of the truck drivers, warehousemen , and helpers of the Indianapolis Paint & Color Co., Indianapolis , Indiana, excluding office and supervisory employees and shipping and receiving clerks, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Coal, Ice, Building Material Drivers and Helpers, Local No. 716 of the International Brotherhood of Team- sters, Chauffeurs , Warehousemen and Helpers , affiliated with the American Federation of Labor, 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; and IT IS HEREBY CERTIFIED that Chemical Division of District No. 50 United Mine Workers of America, affiliated with the Congress of Industrial Organizations has been designated and selected by a 662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD majority of the production and maintenance employees including working foremen of the Indianapolis Paint & Color Co., Indianapolis, Indiana, excluding office and supervisory employees, chemists, and glaziers, as their representative for the purposes of collective bar- gaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Chemical Division of District No. 50 United Mine 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.