The W. J Schoenberger Co.

In the Matter of THE W. J SCHOENBERGER COMPANY and AMALGAM- ATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, THROUGH STEEL WORKERS ORGANIZING COMMITTEE, LODGE 1637 (C. I. 0.) Case No. R-1841.-Decided May 29, 1940 Valve Manufacturing Industry-Agreement: stipulation for certification upon consent pay-roll check-Certification of Representatives: upon proof of majority representation. Mr. Harry L. Lodish, for the Board. Mr. W. J. Schoenberger, of Cleveland, Ohio, for the. Company. Mr. Elmer F. Cope, of Cleveland, Ohio, for the Union. Miss Ann Landy, of counsel to the Board. - DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On April 1, 1940, Amalgamated Association of Iron, Steel & Tin Workers of North America, through Steel Workers Organizing Com- mittee, Lodge 1637 (C. I. 0.), herein called the Union, filed with the 'Regional Director for the Eighth Region (Cleveland, Ohio), a peti- tion alleging that a question affecting commerce had arisen concerning the representation of employees of The W. J. Schoenberger Company, herein called the Company, engaged in the manufacture and sale of valves at Cleveland, Ohio, and requesting an investigation and certifi- cation of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 6, 1940, the National Labor Relations Board, herein called the Board, .acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon 'due notice. On May 8, 1940, the Company, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT PAYROLL .CHECK." 24 N. L. R. B., No. 8. 207 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, a pay-roll check by comparison of union designations with the pay roll of the Company for the period ending April 30, 1940, was made on May 8, 1940, under the supervision of the Regional Director, to determine the number of the hourly paid production employees of the Company, excluding foremen, super- visory and salaried' employees, and watchmen, who designated the Union as their bargaining agency. On May 13, 1940, the Regional Director, acting pursuant to the stipulation, issued and duly served upon the parties his Consent Payroll Check Report. No objections to said Report have been filed by any of the parties. In his Report the Regional Director reported that the comparison of. the union designations with the pay roll of the Company showed that one hundred seventy-three (173) out of two hundred five (205) eligible employees authorized the Union to represent them for the purposes of collective bargaining with the Company with respect to rates of pay, wages, hours of work, and other conditions of employment. Upon the basis of the'stipulation, the Consent Payroll Check 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 The W. J. Schoenberger Company, Cleve- land, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid production employees of the Company, exclud- ing foremen, supervisory and salaried employees, and watchmen, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Rela- tions Act. 3. Amalgamated Association of Iron, Steel & Tin Workers of North America, through Steel Workers Organizing Committee, Lodge 1637 (C. I. 0.) has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees 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 HEREBY CERTIFIED that Amalgamated Association of Iron, Steel & Tin Workers of North America, through Steel Workers Or- THE W. J. SCHOENBERGER COMPANY 209 ganizing Committee, Lodge 1637 (C. I. 0.) has been designated and selected by a majority of the hourly paid production employees of The W. J. Schoenberger Company, Cleveland, Ohio, excluding fore- men, supervisory and salaried employees, and watchmen , as their representative for the purposes of collective bargaining, and that pur- suant to the provision of Section 9 (a) of the Act , Amalgamated Association of Iron , Steel & Tin, Workers of North America , through Steel Workers Organizing Committee, Lodge 1637 ( C. I. 0.), is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages , hours of em- ployment, and other conditions of employment.