The Henry Furnace & Foundry Co.

In the Matter of THE HENRY FURNACE & FOUNDRY CO. and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL 2195 (C. I. 0.) Case No. R-3056-Decided October 17, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Harry Lodish, for the Board. Mr. D. H. Richard, for the Company. Mr. William Floyd Billingsley, of Lorain, Ohio, for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On February 3, 1941, and August 15, 1941, respectively, Steel Work- ers Organizing Committee, Local Union No. 2195 (CIO), herein called the Union, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the represen- tation of employees of The Henry Furnace & Foundry Co., herein called the Company, engaged in the manufacture of warm-air furnaces, beating units, and furnace accessories, at Medina, Ohio, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 16, 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 19, 1941, the Company, the Union, and the Regional Director entered into a "Stipu- lation for Consent Election and Certification." Pursuant to the stipulation an election by secret ballot was con- ducted on September 17, 1941, under the direction and supervision of 36 N. L. R. B., No. 41. 225 433118-42-vol . 36-16 - 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director among all production and maintenance em- ployees of the Company, excluding supervisory employees, time- keepers, and clerical employees, to determine whether or not said employees desired to be represented by the Union. On September 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______________________________________ 296 Total ballots cast___________________________________________ 277 Total ballots challenged_____________________________________ - 0 Total blank ballots------------------------------------------ 1 Total void ballots___________________________________________ 0 Total valid votes cast________________________________________ 276 Votes cast for Steel Workers Organizing Committee, Local 2195 (C. I. O.)---------------------- ---------------------- 235 Votes cast against Steel Workers Organizing Committee, Local 2195 (C. I. O.)-------------- ------------------------------ 41 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 Henry Furnace & Foundry Co., Medina, 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 of the Company, ex- cluding supervisory employees , timekeepers, 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. Steel . Workers Organizing Committee , Local 2195 (CIO) has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bar- gaining and - is the exclusive representative of all the employees in said unit within the meaning of Section 9 (a) of the National Labor Rela- tions 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 Steel Workers Organizing Committee, Local .2195 (C. I. 0.) has been designated and selected by a majority THE HENRY FURNACE & FOUNDRY CO. 227 of the production and maintenance employees of The Henry Furnace & Foundry Co:, at its Medina, Ohio, plant, excluding supervisory employees, timekeepers, 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, Steel Workers Organizing Committee, Local 2195 (C. I. 0.) 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. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Certification of Representatives.