American Radiator Co.

In, the Matter of AMERICAN RADIATOR COMPANY (BOND PLANT AND TERMINAL PLANT) and AMALGAMATED ASSOCIATION ,OF IRON,- STEEL, & TIN WORKERS, LODGES 1199 AND 1629 - Cases Nos. R-655 and R-656 CERTIFICATION OF REPRESENTATIVES July 90, 1938 On' May--25; 1938; the -National Labor Relations Board, herein called the Board, issued-a Decision and Direction of Election T in the above-entitled cases. The Direction of Election directed that two separate elections by secret ballot, one in the Bond Plant and one in the Terminal Plant, be- conducted under the direction and -super- vision of the Regional Director for the' Third 'Region (Buffalo, New York) among the -production and -maintenance employees of Ameri- can Radiator Company at-its_ Bond Plant and at its Terminal Plant, Buffalo, New.York, who were employed by it during-the week end- ing March 12, -1938,- including those employees who were at the time of the election on a stagger system of employment and including shipping and yard employees and truckmen, but excluding all super- visory employees, clerical- employees, timekeepers, and production clerks, and excluding those"employees who have since quit or been discharged for cause, to determine whether such employees in the Bond Plant desired to be represented by Amalgamated Association of Iron, Steel,-& Tin Workers,--Lodge 1199; -affiliated with the Com- mittee for -Industrial Organization,-or by American Radiator Com- pany Employees Union, affiliated- with National Federated Independ- ent Union, for the purposes of collective bargaining, or by neither, and whether such employees in the Terminal Plant desired to be represented by Amalgamated Association of Iron, Steel, & Tin Work- ers, Lodge 1629, affiliated with the Committee for Industrial Organi- zation, or, by Cloverleaf Cooperative Union, for the purposes of col- lective bargaining, or by neither. Pursuant to the Direction, elections by secret ballot were conducted on June 6, 1938, by the said Regional Director. Objections to the conduct of the elections were filed by the Company on the _ground 17 N. L. R. B. 452. 8 N. L. R. B., No. 53. 505 .506 NATIONAL LABOR RELATIONS BOARD that the Regional Director did not permit Company representatives to be present at either election for the purpose of challenging the eligibility of voters or for any other purpose. We are of the opinion that this refusal was not,an abuse of discretion on the part of the Regional Director.2 On June 9 and 11, 1938, the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as.amended,,issued and on June 13,-1938, served upon the parties -Intermediate Reports ,on the elections. No objections or exceptions to the Intermediate Reports have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Bond Plant Total number eligible to vote--- ----------------------------- 739 Total number of ballots counted ----------------------------- 696 Total number of votes in favor of Amalgamated Association of Iron, Steel, & Tin Workers Lodge No. 1199, affiliated with the Committee for Industrial Organization----------------- 189 Total number of votes in favor of American Radiator Company Employees Union, affiliated with the National Federated Independent Union---------------------------------------- 473 Total number of votes against union affiliation--------------- 34 Total number of blank votes-------------------------------- 5 Total number of void ballots-------------------------------- 3 Total number of challenged ballots--------------------------- 39 Terminal Plant Total number eligible to vote-------------------------------- 202 Total number of ballots counted----------------------------- 180 Total number of votes in favor of Amalgamated Association of Iron, Steel, & Tin Workers Lodge No. 1629--------------- 68 Total number of votes in favor of Cloverleaf Cooperative Union---------------------------------------------------- 102 Total number of blank votes--------------------------------- 1 Total number of void ballots----- --------------------------- 0 Total number of challenged ballots--------------------------- 19 Total number of votes for neither---------------------------- 10 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, 49 Stat. 449, herein called the Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that American Radiator Company Em- ployees Union, affiliated with National Federated Independent 2 See Matter of Feddeis Manufacturing Company and Amalgamated Association of Iron, Steel, & Tin Workers of North America , Lodge 1753, 7 N. L. R. B. 817 ; Matter of Martin- Rockwell Corporation and United Automobile Workers of America, 7 N. L. R . B. 836. DECISIONS AND ORDERS 507 Union, nas been selected by a majority of the production and main- tenance employees of American Radiator Company at its Bond Plant, Buffalo, New York, including shipping and yard employees and truckmen, but excluding all supervisory employees, clerical employ- ees, timekeepers, and production clerks, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, American Radiator Company Employees Union, affiliated with National Federated Independent Union, is the exclu- sive representative for all such employees for the purposes of col- lective bargaining in.respect to, rates of pay, wages, hours of employ- ment, and other conditions of employment; and IT IS HEREBY CERTIFIED that Cloverleaf Cooperative Union has been selected by a majority of the production and maintenance employees of American Radiator Company at its Terminal Plant, Buffalo, New York, including shipping and yard employees and truckmen, but excluding all supervisory employees, clerical employees, timekeepers, and production clerks, as their representative for the purposes of col- lective bargaining, and that pursuant to Section 9 (a) of the Act, Cloverleaf Cooperative Union is the exclusive representative for all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.