The Ohio Foundry Co.

In the Matter of THE OHIO FOUNDRY COMPANY, PLANT No. 1 and UNITED AUTOMOBILE WORKERS OF AMERICA (AFL) Case No. R-0934.-Decided September 8, 1941 1 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. -Palter E. Taag and Harry L. Lodish, for the Board. Mr. J. C. Maher, for the Company. Mr. John Cook, for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 28, 1941, United Automobile Workers of America (AFL), herein 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 representation of employees of The Ohio Foundry Company, Plant No. 1, herein called the Com- pany, engaged solely in the foundry business at Cleveland, Ohio, 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 August 14, 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 Rela- tions 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 Au- gust 12,1941, the Company, the Union, a Field Examiner of the Board, and the Acting Regional Director entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on August 18, 1941, under the direction and supervision of 35 N L. R. B., No. 60. 302 THE OHIO FOUNDRY COMPANY 303 the Regional Director among all production and maintenance employ- ees in the Company's No. 1 plant, excluding foremen, supervisors; office workers, pattern makers, and truck drivers to determine whether or not they desired to be represented by the Union. On August 19, 1941, the 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 Regional Director reported as follows concerning the balloting and its results : Total on eligibility list------------------------------------ 143 Total ballots cast---------------------------------------- 119 Total ballots challenged----------------------------------- 0 Total blank ballots-------------------------------------- 1 Total void ballots---------------------------------------- 1 Total valid votes cast----------------------- ------------- 117 Votes cast for United Automobile Workers of America (AFL) - 74 Votes cast against United Automobile Workers of America (AFL) ------------------------------------------------- 43 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 Ohio Foundry Company, Plant No. 1, 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 in the Company's No. 1 plant, excluding foremen, supervisors, office workers, pattern makers, and truck drivers constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of 'the National Labor Relations Act. 3. United Automobile Workers of America (AFL) has been desig- nated 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 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 United Automobile Workers of America (AFL) has been designated and selected by a majority of all pro- 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duction and maintenance employees of The Ohio Foundry Company- in its Plant No. 1, Cleveland, Ohio, excluding foremen, supervisors, office workers, pattern makers, and truck drivers, as their representa- tive for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, United Automobile Work- ers of America (AFL) 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.