Noblitt-Sparks Industries, Inc.

In' the Matter of NOBLITT-SPARKS' INDUSTRIES, INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE' C. I. 0. Case No. R-4998.-Decided August 12, 1942 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Yandell C. Cline, of Columbus, Ind., for the Company. Mr. Joseph V. Gavin, of Indianapolis, Ind., for the C. I. 0. Mr.. Donald P. Shinn,.of Columbus, Ind.,, for the Independent. Mary M. Persinger, of counsel ,to the'Board. DECISION . AND CERTIFICATION OF REPRESENTATIVES STATEMENT or THE CASE Upon petition duly filed by. International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, affili- ated with the C. I. 0., herein, called the C. I. 0., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Noblitt-Sparks Industries, Inc., herein called the Com- pany, engaged at Columbus, Indiana,,in the manufacture of war ma- terials, the National Labor Relations Board provided for an appropri- ate hearing upon due notice. On July 1, 1942, before a hearing was held, the Company, the C. I. 0., Columbus Industrial Workers Union, herein called the Independent, and the Regional Director for .the' Eleventh Region (Indianapolis, Indiana) entered into a "STIPULA- TION FOR CERTIFICATION UPON CONSENT ELECTION Pursuant to 'the stipulation, an election by secret ballot was, con- ducted- on July 10, 1942, under the direction and supervision of the, Regional Director, among all*production and maintenance employees of the Company at its Columbus, Indiana, plants, excluding all super- visory, clerical, engineering, and plant protection employees, to deter- mine whether they desired to be represented by the C. L 0., by the Independent, or by neither. On July, 11, 1942, the Regional Director issued and duly served" upon the parties an Election Report on the 43 N. L. R. B., No. 6. 70 NOBLITT-SPARKS INDUSTRIES, INC. 71 ballot. No objectioiis'to the conduct of the ballot or to -the Election Report have been filed by any of the parties. As f6 the balloting and 'its results, the Regional Director reported as 'follows Total on eligibility list____________________________ :1044 Total ballots cast------------------' ------ 956'. Total ballots challenged____________________________________ 30 Total .blank ballots ---------------- ---- ------- - --------- Total void ballots---------------------------------------- 0 Total valid votes counted__________________________________ • 923 Votes cast for International Union, United Automobile, Air- craft & Agricultural Implement Workers of America, affili- ated with the C. I. 0---------- ----------------- 253 Votes cast for Columbus Industrial Workers Union ----------- 607 Votes cast for neither______________________________________ 63 Since the results of the election would not be materially affected by a disposition of the challenged ballots, it is unnecessary to determine the validity of the challenges. .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 Noblitt-Sparks Industries, Inc., Columbus, Indiana, 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 at its Columbus, Indiana, plants, excluding 'supervisory, clerical, engineer- ing, and plant protection employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. - 3. Columbus Industrial Workers Union, unaffiliated, has been desig- nated 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 employees in said unit within the meaning of Section 9 (a) of the 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 HEREBY CERTIFIED that Columbus Industrial Workers Union, unaffiliated, has been designated and selected by a majority of all pro- duction and maintenance employees of the Company at its Columbus, Indiana, plants, excluding supervisory, clerical, engineering, and plant 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD protection employees, as their representative for the purposes of col- lective bargaining and that pursuant to Section 9 (a) of the Act, Columbus Industrial, Workers Union, unaffiliated, is the exclusive representative of all such employees for the purposes of collective bar- gaining .with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Certification of Representatives.