The Dickey Manufacturing Co.

In the Matter of THE DICKEY MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA, (C. I. 0.) Case No. R-2657.-Decided July 9,1941 Practice and Procedure :. petition dismissed where results of an election, held pursuant to a stipulation for certification upon consent election , show that no representative has been selected by a majority of the employees in the ap- propriate unit. Mr. Walter E., Taag, for the Board. Mr. G. V. Dickey, of Toledo, Ohio, for the Company.- Mr. Kenneth L. Cole, of Toledo, Ohio, for the Union. Mr. Bertram Diamond, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On May 16, 1941, Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Eighth Region (Cleveland, Ohio), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of, The Dickey Manufacturing Company, herein called the Company, engaged in the manufacture and sale of awnings and tents at Toledo, Ohio, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the" National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 19, 1941, 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 Rela- tions 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 16, 1941, the Company, the Union, and the Board entered into a "STIPULATION FOR 'CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con-. ducted on June 12, 1941, under the direction and supervision of the Regional Director, among all production employees of the Company, 33 N. L. R. B., No. 52. 214 THE DICKEY MANUFACTURING COMPANY 215 excluding supervisors and office and clerical employees, to determine whether or not said employees desired to be represented by Textile Workers Union of America (C. I. 0.). On June 16, 1941, the Regional Director issued and duly'served upon the parties his Election Report on the balloting. 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 on eligibility list-------------------------------------- 178 Total ballots cast -------------------------------------------- 153. Total ballots challenged------------------------------------- 4 (a) Challenged ballots determined eligible---------------- 0 (b) Challenged ballots determined not eligible ----------- 0 Total blank ballots------------------------------------------ 1 Total void ballots------------------------------------------- 2 Total valid votes cast--------------------------------------- 146 Votes cast for Textile Workers Union of America -(C. I. 46 Votes cast againstTextile Workers Union of•Anierica (C. I. 0.)= 100 The results of 'the election show that no collective bargaining repre- sentative has been selected by a majority of the employees of the Company in the.unit'stipulated to be appropriate for'collective bar- gaining. We shall 'therefore dismiss the petition for investigation and certification of representatives-of employees 'of the Company. ORDER By virtue of Section 9. (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended: `IT'is HEiiE1fYbRDERED that-the petition for-investigation and certifica- tion of representatives of employees of The Dickey Manufacturing Company, Toledo, Ohio,- filed by Textile Workers Union- of America (C. I. 0.), be, and it hereby is, dismissed. .