Air Associates, Inc.

In the Matter of AIR AssoclATES, INCORPORATED and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O. Case No. R-2726.-Decided July 18, 1941 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Walter Chalaine, of New York City for the Company. Mr. Harold Cammer, of New York City, for the Union. Mr. Armin Uhler, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 24, 1941, International Union, United Automobile Workers of America, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees at the Bendix, New Jersey, plant of Air Associates, Incorporated, herein called the Company, engaged in the manufacture and distribution of aviation accessories, parts, equipment, and related products at Bendix, New Jersey, and requesting 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 June 25, 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 Re- lations 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 June, 27, 1941, the Board, the Company, and the Union entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTA- TIVES UPON CONSENT ELECTION." Pursuant to the Stipulation, an election was conducted on July 1,. 1941, under the direction and supervision of the Regional Director among all employees at the Bendix, New Jersey, plant of the Coml 33 N. L. R. B., No. 104. ,543 544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany, excluding company officers, managers, superintendents, fore- men and assistant foremen, office and shop clerical employees, watch- men, planning and engineering employees, and draftsmen, to deter- mine whether said employees desired to be represented for the purpose of collective bargaining by the Union. On July 3, 1941, the Regional Director issued and duly served upon the parties an Election Report on the balloting. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total Number Eligible to Vote_____ _______________________ 424 Total Number of Ballots Cast______________________________ 401 Total Number of Valid Ballots______________________________ 394 Total Number of Votes in favor of U. A. W. A., C. I. O.____ 206 Total Nuinber of Votes against aforementioned Union_ ________ 188 Total Number of Blank Votes_______________________________ 0 Total Number of Void Ballots_______________________________ 0 Total Number of Challenged Votes__________________________ 7 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 repre- sentation of employees at the Bendix, New Jersey, plant of Air Asso- ciates, Incorporated, Bendix, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees at the Bendix, New Jersey, plant of the Company, excluding company officers, managers, superintendents, foremen and assistant foremen, office and shop clerical employees, watchmen, plan- nin and engineering 'employees,` ,and draftsmen; constitute`' a unit appropriate for the purposes of collective bargaining within the meaning of Section-9 (b) of the Act. 3. International Union, United Automobile Workers of America, affiliated with the C. I. O., has been designated and selected by a ma- jority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representa- tive of all the employees in said unit within the meaning of Section 9 (c) 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 C. I. 0., has been desig- AIR ASSOCIATES, INCORPORATED 545 nated and selected by a majority of all employees at the Bendix, New Jersey, plant of Air Associates, Incorporated, excluding company officers, managers, superintendents, foremen and assistant foremen, office and shop clerical employees, watchmen, planning and engineer- ing employees, and draftsmen,-as their representative 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 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.