Deisel-Wemmer-Gilbert Corp.

In the Matter of DEIsEL-WEMMER-GILBERT CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA (CIO) Case No. R-2893.-Decided September 5, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Stanley Roots, of Detroit, Mich., for the Company Mr. Edwin Beal, of Fort Wayne, Ind., and Mr. Sam Runyan, of Lima, Ohio, for the United. Mr. Donald Henderson, of Chicago, Ill., for the Cannery Workers. Mr. John R. Ograin, of Chicago, Ill., for the Cigar Makers. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 14, 1941, the United Electrical, Radio & Machine Workers of America (CIO), herein called the United, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Deisel-Wemmer-Gilbert Corporation, herein called the Company,' engaged in the processing of tobacco and manufacturing of cigars at Detroit, Michigan, and at various plants in the State of Ohio ,2 and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On July 19, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, 'The name of the Company was incorrectly spelled "Diesel" in the petition. This was corrected by amendment at the hearing. 2 The Company operates six plants : two in Lima, Ohio, called, respectively , the North and South plants, and one each in the following cities : Detroit , Michigan , Findlay, St. Mary's, and Van Wert, Ohio . The present proceeding involves all plants except that at Detroit. 35 N. L. R B, No. 47. 214 DIBSEL-WEMIVTER-GILBERT CORPORATION 215 as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 21, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the United. Pursuant to notice a hearing was held on July 24 and 25, 1941, at Lima, Ohio, before Max W. Johnstone, the Trial Examiner duly designated by the Chief Trial Examiner. United Cannery Agricul- tural Packing and Allied Workers (CIO), herein called the Cannery Workers, a labor organization claiming to represent employees at the Company's Detroit plant, appeared at the hearing by its representa- tive.3 At the conclusion of the hearing, the Company, the United, the Cannery Workers, 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 August 7, 1941, under the direction and supervision of the Acting Regional Director, among all cigar makers, machine operators, inspectors, and other production and maintenance em- ployees of the Company at its North and South plants in Lima, Ohio, and at its Van Wert, St. Marys, and Findlay, Ohio, plants, exclusive of supervisory and clerical employees, to determine whether or not said employees desired to be represented by the United for the pur- poses of collective bargaining. On August 11, 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 Election Report have been filed by any of the parties. In his Election Report the Acting Regional Director reported as follows concerning the balloting and its results : Total on eligibility list------------------------- ------ 1, 813 Total ballots cast--------------------------------------- 1,718 Total ballots challenged---------------------------------- 7 Total blank ballots---------------------------------------- 2 Total void ballots---------------------------------------- 1 Total valid votes cast-------------------------------------- 1,708 Votes cast for United Electrical, Radio & Machine Workers of America (CIO) -------------------------------------- 1,204 Votes cast against United Electrical, Radio & Machine Workers of America (CIO) ------------------------------ 504 3 Cigar Makers International Union, Local # 14, affiliated with the American Federation of Labor, herein called the Cigar Makers, also appeared at the hearing by its representa- tive but withdrew from the proceeding and relinquished any claim to represent the employees involved herein. 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Deisel-Wemmer-Gilbert Corporation, Lima, Findlay, St. Marys, and Van Wert, Ohio, within the meaning of - Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All cigar makers, machine operators, inspectors, and other pro- duction and maintenance employees employed by the Company at its North and South plants in Lima, Ohio, and at its Findlay, St. Marys, and Van Wert, Ohio, plants, exclusive of supervisory and clerical 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. United Electrical, Radio & Machine Workers of America (CIO) 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 Rela- tions Act. IT IS HEREBY CERTIFIED that. United Electrical, Radio & Machine Workers of America (CIO) has been designated and selected by a majority of the cigar makers, machine operators, inspectors, and other production and maintenance employees employed by Deisel-Wemmer- Gilbert Corporation, at its North and South plants in Lima, Ohio, and at its Findlay, St. Marys, and Van Wert, Ohio, plants, exclusive of supervisory and clerical employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, United Electrical, Radio & Machine Workers of America (CIO) is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.