Davidson Enamel Products, Inc.

In the Matter of DAVIDSON ENAMEL PRODUCTS, INC.,' and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 763 (C. I. 0.) Case No. R-2927.-Decided September 15, 1941 Investigation and Certification of Representatives : stipulation for certification of Representatives upon consent election. Mr. Harry L. Lodish, for the Board. Mr. F. Davidson, of Lima, Ohio, for the Company. Mr. Sam Runyan, of Lima, Ohio, for the C. I. O. Mr. Irvin W. Bite, of Toledo, Ohio, and Mr. Alfred T. Murphy, of Lima, Ohio, for the A. F. of L. Mr. Dan M. Byrd, Jr:, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On August 5, 1941, United Electrical, Radio & Machine Workers of America, Local 763 (C. I. 0.), herein called the C. I. 0., filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Davidson Enamel Prod- ucts, Inc., herein called the Company, engaged in the manufacture of porcelain enamel products at Lima, 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 August 7, 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 au- thorized the Regional Director to conduct it and to provide for an 'On August 21, 1941, the Company and the C. I. 0 stipulated that the correct name of the Company is Davidson Enamel Products , Inc., and not Davis Enamel Products Com- pany, as given in certain documents in this proceeding 35 N. L. R. B., No. 97. 440 DAVIDSON ENAMEL PRODUCTS, INC. 441 appropriate hearing upon due notice. On August 5, 1941, the Com- pany, the C. 1. 0., Enamelware Workers Union, Lima Local (A. F. L.), herein called the A. F. of L., International Council of Fabricated Metal & Enamelware Workers (A. F. L.), 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 12, 1941, under the direction and supervision of the Regional Director, among all maintenance and production employees of the Company, excluding supervisors, foremen, clerks in the office, and architectural engineers, to determine whether said employees desired to be represented by the C. I. 0., or by the A. F. of L., for the purposes of collective bargaining, or by neither. On August 18, 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------------------------------------- 121 Total ballots cast----------------------------------------- 117 Total ballots challenged----------------------------------- 0 Total blank ballots---------------------------------------- 1 Total void ballots----------------------------------------- 0 Total valid votes cast-------------------------------------- 116 Votes cast for United Electrical, Radio & Machine Workers of America, Local 763 (C. I. 0.) -------------------------- 103 Votes cast for Enamelware Workers Union, Lima Local (A. F. L.) ---------------------------------------------- 3 Votes cast for neither-------------------------------------- 10 Upon the basis of the stipulation, the ' Election Report, and the entire record in the case, the Board makes the following : FINDIN,Gs OF FACT 1. A question affecting commerce has risen concerning the represen- tation of employees of Davidson Enamel Products, Inc., Lima, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All maintenance and production employees of the Company ex- cluding supervisors, foremen, clerks in the office, and architectural engineers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. United Electrical, Radio & Machine Workers of America, Local 763, (C. I. O.), has been designated and selected by a majority of the employees in the above unit as their representative for the purposes 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of collective bargaining, and is the exclusive representative of all the employees in said unit, within the meaning of Section 9 (a) 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 United Electrical, Radio & Machine Workers of America, Local 763 (C. I. 0.), has been designated and selected by a majority of all maintenance and production employees of the Company, excluding supervisors, foremen, clerks in the office, and architectural engineers, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Electrical, Radio & Machine Workers of America, Local 763 (C. I. 0.), is the exclusive represen- tative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other con- ditions of employment.