Auburn Rubber Corp.

In the Matter of AUBURN RUBBER CORPORATION and LocAL No. 211, OF THE UNITED RUBBER WORHERs OF AMERICA Case No. R-3033.-Decided October 13, 1941 Investigation .and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Steven M. Reymonds, for the Board. Mr. David M. Sellew, for the Company. Mr. John Kelly and Mr. Stanley Denlinger, for the C. I. O. Mr. Burgess Barnhart and Messrs. Mountz and Mounts, for the: Independent. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND -CERTIFICATION OF REPRESENTATIVES On June' 14, 1941, Local No. 211, of the United Rubber Workers of America, affiliated with the Congress of Industrial Organizations,. herein called the C. I. O:, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Auburn Rubber Corporation, Auburn, Indiana, herein: called the Company, engaged in the manufacture of rubber products at Auburn, Indiana, and requesting an investigation and certification of representatives pursuant 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 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 August 18, 1941, the Regional Director issued a: notice of hearing which was duly served upon the parties. Pursuant to the notice, a hearing was held on August 28, 1941. At the hearing: the Company, the C. I. 0., and Local No. 1 of the Tri-State Inde- pendent Workers Union, herein called the Independent, a labor or- 36 N. L. R. B., No. 16. 115 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ganization claiming to represent employees directly affected by the investigation, and an attorney for the Board entered into a "STIPU- LATION FOR CERTIFICATION UPON CONSENT ELECTION." i Pursuant to the Stipulation, an election by secret ballot was con- ducted on September 9, 1941, under the direction and supervision of the Regional Director, among all piece workers, clock-card and hourly rated production and maintenance workers of the Company, including group leaders, watchmen, and firemen, but excluding all foremen, supervisors, laboratory technicians, and clerical and office workers, to determine whether they desire to be represented for the purposes of collective bargaining by the C. I. 0., or by the Independent, or by neither. On September 11, 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 to 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 number on eligibility list _____________________________ 424 Total number of ballots cast____ ____________________________ 409 Total number of ballots challenged _________________________ 7 Total number of blank ballots_____________________________ None Total number of void ballots______________________________ None Total number of ballots cast for Local No. 211 of the United Rubber Workers of America, affiliated with the C. I. O.____ 224 Total number of ballots cast for Local No. 1 of the Tri-State Independent Workers Union_____________________________ 174 Total number of votes cast for NEITHER __________________ 4 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 Auburn Rubber Corporation, Auburn, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All piece workers, clock-card and hourly rated production and maintenance workers of the Company, including group leaders, watch- men, and firemen, but excluding all foremen, supervisors, laboratory technicians, and clerical and office workers, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. •3. Local No. 211, of the United Rubber Workers of America, aflili, iated with the Congress of Industrial Organizations, has been desig- nated-and selected by a majority of the employees in the above unit AUBURN RUBBER CORPORATION 117 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 Local No. 211, of the United Rubber Workers of America, affiliated with the Congress of Industrial Organ- izations, has been designated and selected by a majority of all piece workers, clock-card and hourly rated production and maintenance- workers of the Auburn Rubber Corporation, Auburn, Indiana, includ- ing group leaders, watchmen,. and firemen, but excluding all foremen,. supervisors, laboratory technicians, and clerical and office workers,. as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, Local No. 211, of the United. Rubber Workers of America, affiliated with the Congress of Industrial Organizations, 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. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Certification of Representatives.