A. J. Bayer Co.

In. the Matter of A. J. BAYER COMPANY and STEEL WORKERS ORGAN- IZING} COMMITTEE, LocAL No. 2018, C. I. O. . Case No. B-2842 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October 21,1941 On September 2, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceeding.' Pursuant to the Direction of Elec- tions, elections by secret ballot were conducted on September 26, 1941, under the direction and supervision of the Regional Director for the `Twenty-first Region (Los Angeles, California). On September 27, 1941, the Regional Director, acting pursuant to Article III, Section 9, .of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the balloting or to the Election Report were filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : (Foundry department employees) Total on eligibility list______________________________________ 11 Total ballots cast___________________________________________ 11 Total ballots challenged_____________________________________ 0 Total blank ballots__________________________________________ 0 Total void ballots___________________________________________ 0 Total ballots not counted____________________________________ 0 Total ballots counted______________,__________________________ 11 Total votes for International Molders and Foundry Workers Union of North America, Local 374, A. F. L__________________ 10 Total votes for Steel Workers Organizing Committee, C. I. O____ 0 Total votes for neither______________________________________ 1 135 N. L. R. B., No. 20. 36 N. L. R. B., No. 59 330 A. J. BAYER COMPANY 331 (Other production and maintenance employees) Total on eligibility list-------------------------------------- 118 Total ballots cast------------------------------------------- 112 Total ballots challenged ------------------------------------- 0 Total blank ballots ------------------------------------------ 0 Total void ballots------------------------------------------- 2 Total ballots not counted ------------------------------------ 2 Total ballots counted ---------------------------------------- 110 Total votes for Shopmen's Local Union No. 509, International Association of,Bridge, Structural and Ornamental Iron Work- ers, A. F. L---------------------------------------------- 78 Total votes for Steel Workers Organizing Committee, C. I. O--- 17 Total votes for neither-------------------------------------- 15 In the Decision and Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units. The Board there stated : If the foundry.-department employees select a bargaining repre- sentative other than the representative selected by the employees of the plant-wide unit, they will constitute a separate and distinct appropriate unit. If they choose the same representative as the employees in the plant-wide unit,they will be merged into a single unit with such employees. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. We find that the foundry-department employees of A. J. Bayer Company, Huntington Park, California, constitute a unit appropriate for the purposes of collective bargaining and that said unit will in- sure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. 2. We find that the production and maintenance employees of A. J. Bayer Company, Huntington Park, California, excluding foundry- department employees, truck drivers, clerical and outside employees, watchmen, foremen, and superintendents, constitute a unit appropri- ate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. Upon the basis . of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. 'The foundry-department employees of A. J. Bayer Company, Huntington Park, California, constitute a unit appropriate for the 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. The production and maintenance employees of A. J. Bayer Com- pany, Huntington Park, California, excluding foundry-department employees, truck drivers, clerical and outside employees, watchmen, foremen, and superintendents, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act: CERTIFICATION OF'IlEPRESENTATIVES 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended IT IS HEREBY CERTIFIED that International Molders and Foundry Workers Uiiion of North America, Local 374, affiliated with the American Federation of Labor, has been designated and selected by a majority of the foundry-department employees of A. J. Bayer Com- pany, Huntington Park, California, as their representative for the purposes of collective bargaining and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Molders and Foundry Workers Union of North America, Local 374, affiliated with the American Federation of Labor, 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;,and IT IS HEREBY CERTIFIED that Shopmen's Local Union No. 509, Inter- national Association of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federation of Labor, has been designated and selected by a majority of all production and main- tenance employees of A. J. Bayer Company, Huntington Park, Cali- fornia, excluding foundry-department employees, truck drivers, cleri- cal and outside employees, watchmen, foremen, and superintendents, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Shopmen's Local Union No. 509, International Asso- ciation of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federation of Labor, is the exclusive representa- tive of all such employees for the purposes of collective bargaining with respect of rates of pay, wages, hours of employment, and other conditions of employment. MR. GERARD D. R ILLY took no part in the consideration of the above Supplemental Decision and Certification of Representatives.