029 NLRB 298

The Osborn Manufacturing Co.

Last amended: 1941Year: 1941Length: 649 wordsOfficial source
In the Matter of THE OSBORN MANUFACTURING COMPANY and LOCAL No. 217, UNITED AUTOMOBILE WORKERS OF AMERICA (CIO) Case No. R-0006 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES January 31, 19 F1 On January 8, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceeding. On January 15, 1941, pursuant to an- agreement by all parties concerned, the Regional Attorney for the Board made a pay-roll check by comparison of union designa- tions and applications with the pay roll of the Company of Janu- ary 7, 1941, among the employees in the two separate groups described by the Board in its Decision and.Direction of Elections. On Janu- ary 16, 1941, the Regional Attorney issued and duly served upon the parties his Consent Payroll Check Report. In his Report the Regional Attorney reported that he found that 89 out of 109 employees in the election unit composed of all hourly paid production employees in the machine division, excluding super- visory, clerical, and drafting room employees, and 198 out of 252 employees in the election unit composed of all hourly paid production and maintenance employees in the brush division, including the ship- ping room, and in the property maintenance department, excluding supervisory, clerical, and drafting room employees, had authorized Local 217, United Automobile Workers of America (C. I. 0.) to represent them for the purposes of collective bargining with the Company with respect to rates of pay, wages, hours of work, and other conditions of employment. On January 16, 1941, the Company, the U. A. W. A., the Council and the Regional Attorney entered into a "Stipulation for Certifica- tion upon Consent Payroll Check," subject to the approval of the Board, by which they waived the elections theretofore directed and agreed to accept in lieu thereof the consent payroll check. 29 N. L. R. B, No. 58. 298 THE OSBORN MANUFACTURING COMPANY 299 In our Decision and Direction of Elections we stated that if the U. A. W. A. should win both elections, we should certify it as the exclusive representative of both election units combined. In view of the result of the consent payroll check, it is apparent that the two groups together constitute the appropriate bargaining unit. Upon the basis of the stipulation, which is hereby approved and accepted in lieu of the elections heretofore directed, and upon the entire record in the case, the Board makes the following'. SUPPLEMENTAL FINDINGS OF FACT All hourly paid production and maintenance employees of The. Osborn Manufacturing Company, excluding supervisory, clerical, and drafting-room employees, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. Local No. 217, United Automobile Workers of America (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 cEETIFIED that Local No. 217, United Automobile Workers of America (C. I. 0.) has been designated and selected by a majority of the hourly paid production and maintenance employees b.f The Osborn Manufacturing Company, excluding supervisory, clerical, and drafting-room employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, Local No. 217, United Automobile Workers of America (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 employment, and, other conditions of employment.
029 NLRB 298: The Osborn Manufacturing Co. | Justis AI