029 NLRB 453
Standard Cap and Seal Corp.
In the Matter Of STANDARD CAP AND SEAL CORPORATION and UNITED
PAPER, NOVELTY , & Toy WORKERS INTERNATIONAL UNION, LOCAL No.
148, AFFILIATED WITH THE C. I. O.
Case No. R,9272.-Decided February 8, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Garnet L. Patterson, for the Board.
Mr. George H. Hodapp, of Chicago, Ill., for the Company.
Mr. Burt J. Mason, of Chicago, Ill., for the Union.
Mr. Harold-Weston, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On December 18, 1940, United Paper, Novelty, & Toy Workers
International Union, Local No. 148, affiliated with the Congress of
Industrial Organizations, herein called the Union, filed with the
Regional, Director for the Thirteenth Region (Chicago, Illinois) a
petition alleging that a question affecting 'commerce had arisen con-
cerning the representation of employees of Standard Cap and Seal
Corporation, herein called the Company, engaged in the manufacture
and sale of milk bottle hoods at Chicago, Illinois, and requesting an
investigation and certification of representatives, pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
On January 6, 1941, the Company, the Union, and
the Regional Director entered into a- "Stipulation for Certification
Upon Consent Election."
On January 7, 1941, the National Labor
Relations Board, herein gilled the Board, acting pursuant to Section
'9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and provide for an appropriate hearing upon due notice.
Pursuant to the stipulation, an election by, secret ballot was con-
ducted on"January 14, 1941, under the direction and supervision of the
Regional Director among all factory employees at the Company's
.Chicago plant, -excluding supervisory and office 'employees, service
29 N. L R. B, No 88
453
454
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, and draftsmen, to determine whether, or not„said 'employees
desire to be represented by the Union.
On January 20, 1941, the
Regional Director issued, his Election Report on the ballot, copies
of which were duly served upon the parties.
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 eligible to vote_________________________________________ 129
Total number of ballots cast____________________ ___________ 122
Total number of votes in favor of United Paper, Novelty, & Toy
Workers Union, Local No. 148, affiliated with the C. I. O__-_ 106
Total number of votes against United Paper, Novelty, & Toy
Workers Union, Local 148, affiliated with the C. I. 0--------
15
Total number of blank ballots--------------------------------
0
Total number of void ballots_________________________________
1
Total number of challenged ballots___________________________
0
Upon the basis of the stipulation , the election 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 reZp-
resentation of employees of the Standard Cap and'-Seal Corporation,,
at Chicago , Illinois, within the meaning of Section 9
( c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All factory employees at the Company 's Chicago plant, exclud-
ing supervisory and office employees , service men and draftsmen,,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. United Paper, Novelty , & Toy Workers International Union,
Local No. 148, affiliated with the Congress of Industrial Organiza-
tions, has been designated and selected by a majority-of the. em-
ployees 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 United Paper, Novelty, & Toy Workers
International Union, Local No. 148, affiliated with the Congress of
'STANDARD CAP AND SEAL CORPORATION
455
Industrial
Organizations , has been designated and selected by a -
majority of all factory employees at the Company's Chicago plant,
excluding supervisory and office employees, service men , and drafts-
men, as their representative for the purposes of collective bargaining,
and that pursuant to the provision of Section 9 (a) of the Act, United
Paper, Novelty , & Toy Workers International Union, Local No. 148,
affiliated with the Congress of Industrial Organizations , is the ex-
clusive 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.
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