American Radiator & Standard Corp.

In the Matter of AMERICAN RADIATOR & STANDARD SANITARY CORPORA- TIoN and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMER- ICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2859 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October 23, 1941 On September 4, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an, election by secret ballot was conducted on September 18, 1941, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). On September 22, 1941, the Re- gional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report setting forth the following results : Total on eligibility list------- ------------------------------ 869 Total ballots cast----------- ------------------------------ 837 Total ballots challenged------------------------------------- 9 Total blank ballots------------------------------------------ p Total void ballots------------------------------------------- 3 Total valid votes cast--------------------------------------- 825 Votes cast for A. F. of L. Unions (International Molders Union of North America, Local No. 46; International Union of Oper ating Engineers, Local No. 95; International Association of Machinists, Local No. 52; International Brotherhood of Elec- trical Workers, Local No. 5-13; and Federal Labor Union No. 21228) --------------------------------------------------- 49 Votes cast for United Electrical, Radio & Machine Workers of America, affiliated with C. I. 0---------------------------- 459 Votes cast for neither--------------------------------------- 17 Since the number of the challenged ballots cannot affect the result of the election, the Regional Director ruled that they -would not be 1 35 N. L. It. B., No. 38. 36 N. L. R. B., No. 77. 384 AMERICAN RADIATOR & STANDARD SANITARY CORPORATION 385 counted. We find it unnecessary to make any determination with respect to the challenges. By letters dated September 24 and September 26, 1941, respectively, International Association of Machinists, Local No. 52, and Interna- tional Molders Union of North America, Local No. 46, two of the A. F. of L. Unions herein, filed objections to the Decision and Direction of Election and the Election Report; by letter dated September 24, 1941, International Union of Operating Engineers, Local No. 95, one of the A. F. of L. Unions, filed objections to the conduct of the election; and, under date of-September 26, 1941, International Brotherhood of Elec- trical Workers, Local No. B-5, one of the A. F. of L. Unions, filed formal "Objections to the Conduct of the ballot and to the election report." Under date of September 29, 1941, the American Federation of Labor, on behalf of the A. F. of L. Unions, filed a "Motion to recon- sider and void election." The Regional Director's Report on Objec- tions, issued on October 8,1941, was duly served upon the parties. The above objections and motion in substance are uniformly directed against our finding regarding the appropriateness of a single bargain- ing unit. We find that the objections raise no substantial and material issues in respect to our Decision and Direction of Election, the conduct of the ballot, or the Election Report. The objections are hereby over- ruled. We have also duly considered the "Motion to reconsider and void election." The motion is hereby denied. 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, 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 United Electrical,.. Radio & Machine Workers of America, affiliated with the Congress of Industrial Organ- izations, has been designated and selected by a majority of all produc- tion and maintenance workers employed in the plant of American Radiator & Standard Sanitary Corporation, at Pittsburgh, Pennsyl- vania, but excluding clerical employees (except plant clerks) and fore- men and higher supervisory employees, 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 & Ma- chine 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. REIFY took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 428118-42-vol. 36-26