The Hi-Flier Manufacturing Co.

In the Matter of THE HI-FLIER MANUFACTURING CO. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2158.-Decided November f38, 1940 Investigation and Certification of Representatives: stipulation for 'certification upon consent election. Mr., Harvey A. Sellers, of Decatur, Ill., for the Company. Mr. Alex Hudson, Jr., of St. Louis, Mo., for the Union. `Miss Ann Landy, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE ' On October 31, 1940, the Congress of Industrial Organizations, herein called the-Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) an amended petition 1 alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Hi-Flier Manufacturing Company, herein called the Company, engaged in the manufacture and sale of gliders, kites, and toy airplanes at Decatur, Illinois, and requesting an inves- tigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 ' Stat. 449, herein called the Act. On the same day the Company, the Union, and an agent of the Board entered into a "Stipulation for Certification Upon Consent Election." On November 1, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. Pursuant to the above stipulation, an election by secret ballot was conducted on November 8, 1940, under the direction and supervision of the Regional Director, among all production and maintenance 1 The original petition was filed on October 16, 1940, in the name ,of the Steel Workers Organizing Committee , C. I. O. 28 N. L. R. B., No. 31. 164 THE HI-FLIER MANUFACTURING CO. 165 employees of the Company, excluding supervisory, clerical, and of- fice employees, and artists and designers, to determine whether or not said employees desired to be represented by the Union. On November 11, 1940, the Regional Director issued and duly served upon the parties his 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. In his Election Report the Regional Director reported as follows concerning the -balloting and its results : Total number eligible to vote----------------------------- 101 Total number of ballots cast------------------------------ 101 Total number of votes for Congress of Industrial Organiza- tions --------------------------------------------------- 80 Total number of votes against Congress of Industrial Organ- izations ------------------------------------------------ 21 Total number of blank ballots---------------------------- - 0 Total number of void ballots------------------------------- 0 Total number of challenged ballots----------------------- 0 Upon the basis of the stipulation, the Election Report, and the entire record, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Hi-Flier Manufacturing Company, Decatur, Illinois, 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; -ex- cluding supervisory, clerical, and office employees, and artists and designers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. The Congress of Industrial Organizations 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 • 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 Rela- tions Act, IT IS HEREBY CERTIFIED that the Congress of Industrial Organiza- tions has-been designated and selected by a majority of the produc- tion and maintenance employees of Hi-Flier Manufacturing Com- pany, Decatur, Illinois, excluding supervisory, clerical and, office 166 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD employees, and artists and designers, as their representatives for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the Act, the Congress of Industrial Organizations' 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. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Certification of Representatives.