Smith Meter Co.

In the Matter of SMITH METER Co. and UNrrED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1421, C. I. O. Case No. R-3811.-Decided May 18,1942 Investigation and Certification of Representatives : stipulation for certification on consent election. Mr. H. F. Detrick, of Los Angeles, Calif., for the Company. Mr. William Elconin, of Los Angeles,- Calif., for the C. I. O. _ Mr. George H. Gentith.es, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Smith Meter Co., herein called the Company, engaged at 'Los Angeles, California, in the manufacture and sale of positive displacement meters and accessories for the measurement of liquefied petroleum products, the National Labor Relations Board provided for an appropriate hearing upon due notice. On April 24, 1942, before a hearing was held, the Company, the C. I. 0., and the Regional Director for the Twenty-first Region (Los Angeles, California) entered into a "STIPULATION FOR CERTIFICATION ON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on May 1, 1942, under the direction and supervision- of the Regional Director, among all production and maintenance employees of the Company, excluding office employees and supervisory em- ployees with the right to hire or discharge or to recommend hiring or discharging, to determine whether or not they desire to be repre- sented by the C. I. O. On May 2, 1942, 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. As to the balloting and its results, the Regional Director reported as follows : 41 N. L. R. B., No. 15. 62 SMITH METER CO. 63 Total on eligibility list-------------------------------------- 163 Total ballots cast------------------------------------------ 153 Total 'ballots challenged----------------------------------- 6 Total blank ballots----------------------------------------- 2 Total void'ballots -------------- ---------------------------- 0 Total valid votes counted---------------------------------- Votes cast for United Electrical, Radio & Machine Workers of 145 America, Local 1421, CIO--------------------------------- 110 Votes cast against United Electrical; Radio & Machine Workers of America; Local 1421, CIO------------------------------ 35 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 Smith Meter Co., Los Angeles, California, 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 'Smith Meter Co., Los Angeles, California, excluding office employees and supervisory employees with the right to hire or discharge or to recommend hiring or discharging 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 Electrical, Radio &'Machine Workers of America, Local 1421, C. I. 0., has been designated and selected by a majority of employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all em- ployees 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, IT IS HERESY CERTIFIED - that United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., has been designated and selected by a majority of all production and maintenance employees of Smith Meter Co., Los Angeles, California, excluding office em- ployees and supervisory employees with the right to hire or discharge or to recommend hiring or discharging, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., 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.