Breeze Corporations, Inc.

In the Matter of BREEZE CORPORATIONS , INC. and AMERICAN FEDERA- TION OF LABOR Case No. R-0636.-Decided July 16,1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mrs. Elinore M. Herrick, for the Board. Mr. Norbury C. Murray, of Newark, N. J., for the Company. Mr. F. M. Sheridan, of Hoboken, N. J., for the A. F. of L. Mr. L. J. Houser and Mr. Salvatore R. Maschella, of New York City, for the C. I. O. Mary M. Persinger, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On March 20 and May 15, 1941, American Federation of Labor, herein called the A. F. of L., filed with the Regional Director for the Second Region (New York City) a petition and an amended petition, respectively, alleging that a question affecting commerce had arisen concerning the representation of employees of Breeze Corporations, Inc., herein called the Company, engaged at Newark, New Jersey, in the manufacture, sale, and distribution of parts, fixtures, accessories, and kindred products for the aircraft, automobile, radio, marine, electrical, gas and oil, and other industries, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 13, 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 20, 1941, the Company, the A. F. of L., International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, 33 N. L. R. B., No. 89. 472 BREEZE CORPORATIONS, INC. 473 herein called the C. I. 0., and the Regional Director entered into a "Stipulation For Certification Upon Consent Election." Pursuant to the stipulation for certification upon consent election, an election by secret ballot was conducted on May 27, 1941, under the direction and supervision of the Regional Director, among all pro- duction and maintenance employees of the Company at its Waverly plant in Elizabeth, New Jersey, excluding office and clerical employ- ees, supervisory employees such as foremen, assistant foremen, and superintendents, and guards, to determine whether said employees de- sired to be represented for the purposes of collective bargaining with the Company by the C. I. 0., by the A. F. of L., or by neither. On June 6, 1941, the Regional Director issued and duly served upon the parties her Election Report on the ballot. No objections to the con- -duct of the ballot or the Election Report have been filed by any of the parties. In her Election Report, the Regional Director reported as follows -concerning the balloting and its results : Total number eligible'to vote--------------------------------- 474 Total number of ballots cast---------------------------------- 449 Total number of valid ballots--------------------------------- 436 Total number of votes in favor of United Automobile Workers, C. I. 0---------------------------------------------------- 302 Total number of votes in favor of American Federation of Labor- 37 Total number of votes in favor of neither union--------------- 97 Total number of blank votes---------------------------------- 0 Total number of void ballots---------------------------------- 0 Total number of challenged votes---------------------------- 13 Upon the basis of the stipulation for certification upon consent elec- tion, 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 repre- sentation of employees of Breeze Corporations, Inc., at its Waverly plant in Elizabeth, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Waverly plant, Elizabeth, New Jersey, excluding office and cleri- cal employees, supervisory employees such as foremen, assistant fore- men, and superintendents, and guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. 3. International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the employees in the above 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 International Union, United Automo- bile Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production and maintenance employees, employed by Breeze Corpora- tions, Inc., at its Waverly plant in Elizabeth, New Jersey, excluding office and clerical employees, supervisory employees such as foremen, assistant foremen, and superintendents, and guards, as their represent- ative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, International Union, United Automobile 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.