The Galion Iron Works & Mfg. Co.

In the Matter of THE GALION IRON WORKS & MFG. Co. and LODGE 1151, INTERNATIONAL ASSdCIATION OF MACHINISTS, AND LOCAL 169, INTER- NATIONAL MOLDERS AND FOUNDRY WORKERS UNION (BOTH AFFILIATED WITH THE A. F. OF L.) Case No. R-2878.Decided September 3, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Hugh E. Sperry and Mr. Harry L. Lodish, for the Board. Mr. Ralph E. Boyd and Mr. Robert Burden, of Galion, Ohio, for the Company. Mr. R. D. Rw t, of Mansfield, Ohio, for Lodge 1151, International Association of Machinists. Mr. Earl E. Houseberg, of Galion, Ohio, for Local 169, International Molders and Foundry Workers Union. Mr. Ralph S. Clifford, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 3, 1941, Lodge 1151, International Association of Machin- ists, and Local 169, International Molders and Foundry Workers Union, herein collectively 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 repre- sentation of employees of The Galion Iron Works & Mfg. Co., herein called the Company, engaged in the manufacture of graders, rollers, and other road machinery, at Galion, Ohio, 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 July 31, 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 35 N. L. R. B., No. 32. 154 THE GALION IRON WORKS & MFG. CO. 155 appropriate hearing upon clue notice. On July 30,1941, the Company, the Union, and the Regional Director entered into it "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on August 5, 1941, under the direction and supervision of the Acting Regional Director among all foundry, machine shop, and production employees of the Company who were on its pay roll for the period ending July 15, 1941, exclusive of foremen, supervisors, clerical workers, timekeepers and rate setters, to determine whether said employees desire to be represented for the purposes of collective bargaining by the Union. On August 6, 1941, the Acting 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 Elec- tion Report have been filed by any of the parties. In his Election Report, the_Acting Regional Director reported a's follows, concerning the balloting and its results : Total eligible to vote______________________________________ 290 Total ballots cast -------------- ------------ ----------------- 279 Total ballots challenged___________________ ------------------------------------ 0 Total blank ballots_______________________________________ 0 Total void ballots ________________________________________ 0 Total valid votes cast_____________________________________ 279 Votes cast for Lodge 1151, International Association of Ma- chinists and Local 169, International Molders and Foundry Workers Union (A. F. of L.) ---------------------------- 171 Votes against Lodge 1151, International Association of Ma- chinists and Local 169, International Molders and Foundry Workers Union (A. F. of L.) ---------------------------- 108 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 The Galion Iron Works & Mfg. Co., Galion, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All foundry, machine shop, and production employees of the Company, exclusive of. foremen, supervisors, clerical workers, time- keepers and rate setters, constitute a, unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Lodge 1151, International Association of Machinists and Local 169, International Molders and Foundry Workers Union, both affil- iated with the American Federation of Labor, have been designated 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,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 HEREBY CERTIFIED that Lodge 1151, International Association of Machinists and Local 169, International Molders and Foundry Workers Union, both affiliated with the American Federation of Labor, have been designated and selected by a majority of all foundry, machine shop, and production employees of The Galion Iron Works & Mfg. Co., Galion, Ohio, exclusive of foremen, supervisors, clerical workers, timekeepers and rate setters, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, Lodge 1151, International Association of Machinists and Local 169, International Molders and FoundryWork- ers Union, both affiliated with the American Federation of Labor, 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.