National Can Co.

In the Matter of NATIONAL CAN Co. and STEEL WORKERS ORGANIZING COMMITTEE LODGE No. 1670 In the Matter of NATIONAL CAN COMPANY and DISTRICT No. 15, INTER- NATIONAL ASSOCIATION OF MACHINISTS Cases Nos. R-1354 and R-1355, respectively AMENDMENT TO DIRECTION OF ELECTION August 15, 1939 On July 29, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Certifications of Representatives, and Direction of Election in the above-entitled proceeding,' the elec- tion to be held within fifteen (15) days from the date of the Direc- tion, under the direction and supervision of the Regional Director for the Second Region (New York City). The Board, having been advised by the Regional Director for the Second Region that a longer period in which to hold the election is necessary, hereby amends the Direction of Election issued on July 29, 1939, by striking therefrom the words "within fifteen (15) days from the date of this Direction" and substituting therefor the words "within twenty-five (25) days from the date of this Direction." MR. EDWIN S . SMITH took no part in the consideration of the above amendment to Direction of Election. 113 N. L. R. B. 1242. 14 N. L. R. B., No. 47. [SAME TITLE] SUPPLEMENTAL DECISION AND CERTIFICATIONS OF REPRESENTATIVES August 30, 1939 On July 29, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Certifications of Representa- tives, and Direction of Election in the above-entitled proceeding. On August 15, 1939, the Board issued an Amendment to Direction of Election. 678 NATIONAL CAN COMPANY 679 In its Decision, the Board certified the International Brotherhood of Electrical Workers, Local No. 3, and the Pattern Makers Asso- ciation of New York and Vicinity as the exclusive representatives of the electricians and the pattern makers, respectively, of the National Can Corporation, herein called the Company, at its Maspeth, Long Island, plant. The Board also found that Lodge 1670 of the Steel Workers Organizing Committee, herein called the S. W: O. C., repre- • seated a majority of the employees in the industrial unit but with- held certifying it until the inclusion or exclusion of the machinists was determined by an election ordered among them. The Board pro- vided in its amended Direction, that an election by secret ballot should be conducted within twenty-five (25) days from the, date of the Direction under the supervision of the Regional Director for the Second Region, among the machinists of the Company at its Maspeth plant, who were employed during the pay-roll period imme-. diately preceding the date of the Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been laid off only temporarily, but excluding employees who have since quit or been discharged for cause, to determine whether they desired to be represented by District No. 15, International Association of Machinists, affiliated with the American Federation of Labor, herein called the I. A. M., or, by Lodge 1670 of the Steel Workers Organiz- ing Committee, affiliated with the Congress of Industrial Organza-, tions, for the purposes of collective bargaining, or by neither. On August 16, 1939, the Company, the I. A. M., and the S. W. O. C. entered into a stipulation providing for the withdrawal of the S. W. O. C.'s claim to representation of the machinists at the Mas- pethplant of the Company, that the term "machinists" shall be con-. strued to mean machinists, tool and die makers, maintenance mechan- ics, apprentices, and helpers, that these employees constitute a unit appropriate for the purpose of collective bargaining, that the I. A. M. represents a majority of the employees in this unit, and that the stipu- lation had been executed for the purpose of eliminating the necessity of the election ordered by the Board in its Decision above referred to, The stipulation was entered into subject to the approval of the Board. On August 25, 1939, the Board issued an Order approving the afore-mentioned stipulation and making it a part of the record in the above-entitled proceeding. Upon the basis of the entire record, the Board makes the fol: lowing: SUPPLEMENTAL FINDINGS OF FACT We find that all the machinists, tool and die-makers, maintenance mechanics, apprentices, and helpers at the Company's Maspeth plant 19093.5-40-vol. 14--44 -$80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD constitute a unit appropriate for the purposes of collective bargain- ing and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. We find that District No. 15, International Association of Machin- ists, has been designated and selected by a majority of the employees in the above-described unit as their representative for the purposes ,of collective bargaining. It is, therefore, the exclusive representa- tive of all employees in such unit for the purposes of collective bargaining, and we will so certify. We also find that all employees of the Company at Maspeth, Long Island, New York, excluding lithographers, chauffeurs, supervisors, watchmen, ' clerical and salaried employees, pattern makers, electri- cians, machinists, tool and die makers, maintenance mechanics, ap- prentices, and helpers, constitute a unit appropriate for the pur- poses 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 effectuate the policies of the Act. We find that Lodge 1670 of the Steel Workers Organizing Com- mittee has been designated and selected by a majority of the above- described unit as their representative for the purposes of collective bargaining. It is, therefore, the exclusive representative of all em- ployees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact, and upon the entire record in the proceeding, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. All the machinists, tool and die makers, maintenance mechanics, apprentices, and helpers employed by the Company at its Maspeth plant constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. All the employees of the Company at its Maspeth plant, exclud- ing lithographers, chauffeurs, supervisors, watchmen, clerical and salaried employees, pattern makers, electricians, machinists, tool and die makers, maintenance mechanics, apprentices, and helpers, consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. District No. 15, International Association of Machinists, is the exclusive representative of all the employees in the unit designated NATIONAL CAN COMPANY 681 in paragraph 1 above, for the purpose of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. 4. Lodge A670 .of the Steel Workers Organizing Committee is the exclusive representative of all the employees in the unit designated in paragraph 2 above, for the purposes of collective bargaining, within the meaning of Section 9 (a) 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, IT Is"HEREBY CERTIFIED that District No. 15, International Associa- tion of Machinists, has been designated and selected by a majority of the machinists, tool and die makers, maintenance mechanics, appren- tices, and helpers of National Can Corporation, Maspeth, Long Island, New York, as their representative for the purposes of collec- tive bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, District No. 15, International Association of Machinists, 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. IT Is HEREBY CERTiyiED that Lodge 1670 of the Steel Workers Organizing Committee has been designated and selected by a major- ity of the employees of National Can Corporation, Maspeth, Long Island, New York, excluding lithographers, . chauffeurs, supervisors, watchmen, clerical and salaried employees, pattern makers, electri- cians, machinists, tool and die makers, maintenance mechanics,. ap- prentices, and helpers, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Lodge 1670 of the Steel Workers Organizing Com- mittee 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. MR: EDWIN S. SMITH took no part in the consideration of the above Supplemental Decision and Certifications of Representatives. 14 N.L. R: B., No. 47a. •