Parke, Davis & Co.

In the Matter of PARSE; DAVIS & COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERIOA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2669.-Decided July 10, 1941 Investigation and Certification of Representatives : certification of representa- tives following election held pursuant to a stipulation for certification of representatives upon consent election and a stipulation for a run-off election. Mr. Frank H. Bowen, for the Board. Mr. Norman. H. F. McLeod, of Detroit, Mich., for the Company. Mr. Elwood T. Stanley, of Detroit, Mich., for the United. Mr. Walter G. Wisdom, of Detroit, Mich., for the Council. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On March 22, 1941, District 50, United Mine Workers of America, herein called the United, filed With the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Parke, Davis & Company, herein called the Com- pany, engaged in the manufacture, sale, and distribution of pharma- ceutical and biological products at Detroit and Rochester, Michi- gan, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 6, 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 Relations 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 5, 1941, the Company, the United, Detroit Allied Printing Trades Council, herein called the Council, and the Regional Director entered into a "STIPULATION FOR CERTIFI- CATION UPON CONSENT ELECTION." 33 N. L. R. B., No. 63. 316 PARK, DAVIS & COMPANY 317 , Pursuant to the stipulation an election by secret ballot was con- ducted on May 28, 1941, under the direction and supervision of the Regional Director, (1) among all production., maintenance, stock and shipping employees, cafeteria and laundry employees, and laboratory technicians working in the Detroit plant and Rochester biological farm of the Company, excluding executives, plant supervisory per- sonnel, patrolmen, office employees, clerical employees, and employees in the Printing Department of 'the Detroit plant of the Company working as pressmen, press assistants, typesetters, typesetter ap- prentices, proofreaders, and bindery workers, appearing on the pay roll of the Company for the pay-roll period ending April 5, 1941, to determine whether or not said employees desired to be represented by the United; and (2) among all pressmen, press assistants, typsetters, typesetter apprentices, proofreaders, and bindery workers- employed in the Printing Department of the Detroit plant of the Company for the pay-roll period ending April 5, 1941, to determine whether or not said employees desired to be represented by the United, by the Council, or by neither. On May 29, 1941, 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 : 1. Total on eligibility list____________________________________ 1,401 Total ballots cast____ ____________________________________ 1,334 Total ballots challenged __________________________________ 16 Total blank ballots_______________________________________ 7 Total void ballots ----------------------------------------- 0 Total valid votes cast____________________________________ 1,311 Votes cast for District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations__ 941 Votes cast against District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organi- zations------------------------------------------------- 370 2. Total on eligibility list_______________________________________ 72 Total ballots cast________ ___________________________________ 71 Total ballots challenged ______________________________________ 0 Total blank ballots_______ ___________________________________ 1 Total void ballots., - ----------------------------------------- 0 Total valid votes cast_______________________________________ 70 Votes cast for Detroit Allied Printing Trades Council __________ 35 Votes east for District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations--____ 32 Votes cast for neither ------------------------------------- - 3 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the Stipulation, a run-off election by secret ballot was conducted on June 16, 1941, under the direction and supervision of the Regional Director, among all pressmen, press assistants, type- setters, typesetter apprentices, proofreaders, and bindery employees employed in the Printing Department of the Detroit plant of the Company for the pay-roll period ending April 5, 1941. On June 18, 1941, 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. The results of this election, as reported by the Regional Director, were as follows : Total on eligibility list-------------------------------------- 72 Total ballots cast------------------------------------------ 71 Total ballots challenged------------------------------------- 2 Total blank ballots------------------------------------------ 0 Total void ballots___________________________________________ 1 Total valid votes cast-------------------------------------- 68 Votes cast for District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations--___- 36 Votes cast for Detroit Allied Printing Trades Council ---------- 32 In the Stipulation the parties provided that if a majority of the pressmen, press assistants, typesetters, typesetter apprentices, proof- readers, and bindery employees chose the United, and if a majority of the employees of the larger unit also chose the United, then all employees voting in both elections should constitute a single appropriate unit. Upon the basis of the Stipulation, the Election Reports, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Parke, Davis & Company, Detroit, Michi- gan, and Rochester, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, stock and shipping employees, cafeteria and laundry employees, and laboratory technicians working in the Detroit plant and Rochester biological farm of the Company, excluding executives, plant supervisory personnel, patrolmen, office employees, and clerical employees; and all pressmen, press assistants, typesetters, typesetter apprentices, proofreaders, and bindery workers, employed in the Printing Department of the Detroit plant of the Company constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. PARK, DAVIS & COMPANY 319 3. District 50, United Mine Workers of America, affiliated with 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 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 HERESY CERTIFIED that District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production, main- tenance, stock and shipping employees, cafeteria and laundry em- ployees, and laboratory technicians working in the Detroit plant and Rochester biological farm of the Company, excluding executives, plant supervisory personnel, patrolmen, office employees, and clerical employees; and all pressmen, press assistants, typesetters, typesetter apprentices, proofreaders, and bindery workers employed in the Printing Department of the Detroit plant of the Company as their representative for the purposes of collective bargaining, and that pur- suant to the provisions of Section 9 (a) of the Act, District 50, United Mine Workers of America, affiliated with 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.