West Steel Castings Co.

In the Matter of WEST STEEL CASTINGS COMPANY and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 684 (A. F. L.) Case No. R-0687.-Decided July 21,1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Louis Plost, for the Board. Mr. J. E. Pike and Mr. Anthony Mackay, of Cleveland, Ohio, for the Company. Mr. Frank Roth and Mr. Walter L. Ellis, of Cleveland, Ohio, for U. A. W. Mr. Claude A. Martin and Mr. Carl R. Montsch, of Cleveland, Ohio, for the Independent. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 19, 1941, United Automobile Workers of America, Local 684 (A. F. L.), herein called the U. A. W., filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of West Steel Castings Company, herein called the Company, engaged in the manufacture and distribution of steel castings at Cleveland, Ohio, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 20, 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 June 19, 1941, the Company, the U. A. W., and West- steel Independent Union, herein called the Independent, an unaffiliated labor organization admitting to membership employees of the Com- 33 N. L. R. B., No. 119. 694 WEST STEEL CASTINGS COMPANY 695 pany, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on June 21, 1941, under the direction and supervision of the Regional Director, among all production and maintenance employees of the Company's Cleveland plant, exclusive of superintendents, fore- men, assistant foremen, clerical and office employees, truck drivers, all wood- and metal-pattern makers and apprentices, technical and labora- tory employees, and restaurant employees, to determine whether said employees desired to be represented by U. A. W., or by the Independent, for the purposes of collective bargaining, or by neither.' On June 23, 1941, the Regional Director issued and duly served upon the parties an 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 : Total on eligibility list-------------------------------------- 217 Total ballots cast------------------------------------------- 204 Total ballots challenged------------------------------------ 1 Total blank ballots----------------------------------------- 1 Total void ballots------------------------------------------ 1 Total valid votes cast-------------------------- ------------- 201 Votes cast for United Automobile Workers of America, Local 684 (A. F. L.)-------------------------------------------- 57 Votes cast for Weststeel Independent Union------------------ 144 Votes cast for neither--------------------------------------- 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 repre- sentation of employees of West Steel Castings Company, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2., All production and maintenance employees of the Company's Cleveland plant, exclusive of superintendents, foremen, assistant foremen, clerical and office employees, truck drivers, all. wood--and metal-pattern makers and apprentices, technical and laboratory em- ployees, and restaurant employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Weststeel Independent Union has been designated and selected by a majority of the employees in the above unit as their representa- tive 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. 696 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Weststeel Independent Union has been designated and selected by a majority of the production and main- tenance employees of West Steel Castings Company, Cleveland, Ohio, exclusive of superintendents, foremen, assistant foremen, clerical and office employees, truck drivers, all wood- and metal-pattern makers and apprentices, technical and laboratory employees, and restaurant employees, as their representative for the purposes of collective bar- gaining, and that, pursuant to the provisions of Section 9 (a) of the Act, Weststeel Independent Union 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.