Locke Insulator Corporation

In the Matter of LOCKE INSULATOR CORPORATION and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1364 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES August 21, 1939 . On July 17, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections, in the above-entitled proceeding. In its Decision, the Board provided that elections by secret ballot be conducted within fifteen (15) days from the date of the Direction under the supervision of the Regional Director for the Fifth Region, among those employees of Locke Insulator Corporation who fall within the groups described below : (a) The machinists in the machine shop who were employed by the Company during the two-month pay-roll period immediately pre- ceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then and have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by In- ternational Association of Machinists, affiliated with the American Federation of Labor, or by United Brick and Clay Workers L. I. U. 936, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (b) The firemen, oilers, water-tenders, and engineers in the power- house, who were employed by the Company during the two-month pay-roll period immediately preceding the date of this Direction, in- cluding 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 temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether 113 N. L. R. B. 615. 14 N. L. R. B., No. 64. 840 LOCKE INSULATOR CORPORATION 841 they desire to be represented by International Union of Operating Engineers, Local 272, affiliated with the American Federation of Labor, or by United Brick and Clay Workers L. I. U. 936, affiliated with the Congress of Industrial Organizations, or by neither; (c) All other production and maintenance employees who were .employed by the Company during the two-month pay-roll period im- mediately preceding the date of this 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 tem- porarily laid off, excluding supervisors, foremen, clerical employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Brick and Clay Workers L. I. U. 936, affiliated with the Congress of Industrial Organizations, or by National Brotherhood of Operative Potters, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. The Conduct of the Elections Pursuant to the Direction of Elections, described above, elections by secret ballot were conducted on August 1, 1939, at Baltimore, Mary- land, under the direction and supervision of the Regional Director for the Fifth Region (Baltimore, Maryland). On August 2, 1939, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report. No objections or exceptions 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 : MACHINISTS IN THE MACHINE SHOP 1. Total number eligible___________________________________ 21 2. Total ballots cast_______________________________________ 20 3. Total number of blank ballots___________________________ 0 4. Total number of void ballots____________________________ 0 5. Total number of challenged votes________________________ 0 6. Total number of ballots cast for: International Association of Machinists (A. F. of L.) --------------------------- 1 7. Total number of ballots cast for : United Brick and Clay Workers Local Industrial Union No. 936 (C. I. O.) _-__ 13 8. Total number of ballots cast for : Neither of the above labor organizations ----------------------------------- 6 FIREMEN, OILERS, WATER-TENDERS, AND ENGINEERS 1. Total number eligible___________________________________ 11 2. Total ballots cast______________________________________ 9 2. Total number of blank ballots___________________________ 0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. Total number of void ballots___________________________ _ 0 5. Total number of challenged votes ______________________ 0 6. Total number. of ballots cast for : International Union of Operating Engineers, Local 272 (A. F. of L.) ---------- 0 7. Total number of ballots cast for : United Brick and Clay Workers -Local Industrial Union No. 936 (C. I. O.) ____ 9 8. Total number of ballots cast for : Neither of the above labor organizations ___________________________________ 0 ALL OTHER PRODUCTION AND MAINTENANCE EMPLOYEES 1. Total number eligible___________________________________ 421 2. Total ballots cast _______________________________________ 369 3. Total number of blank ballots __________________________ 01 4. Total number of void ballots____________________________ 0 5. Total number of challenged votes__ _____________________ 0' 6. Total number of ballots cast for : United Brick and Clay Workers Local Industrial Union No. 936 (C. I. O.) 332 7. Total number of ballots cast for : National Brotherhood of Operative Potters (A. F. of L.) ------------------------ 23 8. Total number of ballots cast for : Neither of the above labor organizations___________________________________ 14 Upon the basis of the entire record, the Board makes the following SUPPLEMENTAL FINDINGS OF FACT In its Decision 'the Board made no final determination as to- the- appropriate unit or units for the purposes of collective bargaining pending the elections to be held among the machinists in the machine shop and the firemen, oilers, water-tenders, and engineers in the powerhouse.' The Board stated that if they chose the International Association of Machinists or the International Union of Operating Engineers, respectively, they would be separate units. If they chose the United, they would be merged into the Company-wide indus- trial unit. We find that all employees of the Company at Baltimore, Mary land, including machinists in the machine shop, and firemen, oilers,. water-tenders, and engineers in the powerhouse, but excluding super- visors, foremen, and clerical employees, constitute a unit appropriate- for the purposes of collective bargaining and that said unit will in- sure to employees of the Company the full benefit of their right to, self-organization and collective bargaining and otherwise effectuate the policies of the Act. We find that the United Brick and Clay Workers L. I. U. 936 has been designated and selected by a majority of the employees in the above-described unit as their representative for the purposes of col- lective bargaining. It is, therefore, the exclusive representative of all employees in such unit for the purposes of collective bargaining,. and we will so certify. LOCKE INSULATOR CORPORATION 843 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 employees of the Company, including machinists in the ma- chine shop, and firemen, oilers, water-tenders, and engineers in the powerhouse, but excluding supervisors, foremen, and clerical em- ployees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. United Brick and Clay Workers L. I. U. 936 is the exclusive rep- resentative of all the employees in such unit for the purposes of col- lective bargaining, within the meaning of Section 9 (a) 'of the Na- tional 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 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 United Brick and Clay Workers L. I. U. 936 has been designated and selected by a majority of all the em- ployees of Locke Insulator Corporation, Baltimore, Maryland, in- cluding machinists in the machine shop, and firemen, oilers, water- tenders, and engineers in the powerhouse, but excluding supervisors,, foremen, and clerical employees, as their representative for the pur- poses of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, United Brick and Clay Workers L. I. U. 936 is the exclusive representative of all such employees for the pur- poses of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. WILLIAM M. LEIsERsoN took no part in the consideration of the above Supplemental Decision and Certification of Representatives,