029 NLRB 298
The Osborn Manufacturing Co.
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.