The Liquid Carbonic Corp.

In the Matter of THE LIQUID CARBONIC CORPORATION and INDEPENDENT. BEVERAGE MACHINERY BUILDERS UNION Case No. R-801 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES October 30, 1941 On September 23, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceedings., On October 8, 1941, the Board issued a Supplemental Decision and Amendment to Direction of Elections.2 Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on October 14, 1941, under the direction and supervision of the Regional Director for the Thirteenth Region (Chi- cago, Illinois). On October 15, 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 Re- port, copies of which were duly served upon the parties. No objections to the conduct of the balloting or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : (1) Among tool and die makers: Total on eligibility list____________________________________ 21 Total ballots cast_________________________________________ - 21 Total ballots challenged ------------------------------------ 0 Total ballots blank_______________________________________ 0 Total ballots void_________________________________________ 0 Total valid ballots cast____________________________________ 21 Total ballots cast for Die and Tool Makers__________________ 13 Total ballots cast against Die and Tool Makers_____________ 8 (2) Among all production and maintenance employees: Total on eligibility list____________________________________ 1, 000 Total ballots cast_________________________________________ 937 1 35 N. L. R. B., No. 148. 2 35 N. L. R. B., No. 148a. 36 N. L. R. B., No. 113. 536 THE LIQUID CARBONIC CORPORATION 537 Total ballots challenged----------------------------------- 1 Total blank ballots---------------------------------------- 0 Total void ballots---------------------------------------- 0 Total valid ballots cast------------------------------------ 936 Total ballots cast for Independent-------------------------- 571 Total ballots cast against Independent---------------------- 365 In the Decision of September 23, 1941, as amended, the Board made no final determination as to the appropriate unit or units but stated that such determination would depend upon the results of the elections ordered. Upon the entire record in the case, the Board makes the following: SUPPLEMENTARY FINDINGS OF FACT We find that all tool and die makers, tool makers, metal pattern makers, apprentices, and grinders in the machine division at the Chicago plant of The Liquid Carbonic Corporation, constitute a unit appropriate 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. . We find that all production and maintenance employees at the Chi- cago plant. of The Liquid Carbonic Corporation, including inspectors, but excluding tool and die makers, tool makers, metal pattern makers, apprentices, and grinders in the machine division; clerical and super- visory employees, time-study men, timekeepers, watchmen, plumbers, order fillers, lay-out men, and all employees covered by existing writ- ten or oral contracts between The Liquid Carbonic Corporation and the following labor organizations all affiliated with the American Federation of Labor : Pattern Makers League of North America, Chicago Association; Sheet Metal Workers International Association, Local No. 115; Metal Polishers International Union, Local No. 6; In- ternational Union of Operating Engineers, Local No. 399; Carpenters District Council of Chicago; International Brotherhood of Firemen and .Oilers, Local No. 7; Locals 705 and 723, International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers; Steamfitters Protective Association, Local 597, United Association of Plumbers and Steamfitters; Local B-134, International Brotherhood of Electrical Workers; and Local 126, District No. 8, International Association of Machinists, constitute a unit appropriate for the purposes of collec- tive bargaining, and that said unit will insure to employees of the Com- pany the full benefit of, the 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 : 538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SUPPLEMENTARY CONCLUSIONS OF LAW 1. All tool and die makers, tool makers, metal pattern makers, ap- prentices, and grinders in the machine division at the Chicago plant of The Liquid Carbonic Corporation, constitute an appropriate unit for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 2. All production and maintenance employees at the Chicago plant of The Liquid Carbonic Corporation, including inspectors, but ex- cluding tool and die makers, tool makers, metal pattern makers, ap- prentices, and grinders in the machine division; clerical and super- visory employees, time-study men, timekeepers, watchmen, plumbers, order fillers, lay-out men, and all employees covered by existing written or oral contracts between the Company and the several labor organi- zations hereinabove referred to in the supplementary findings of fact, 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 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, 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 Die and. Tool Makers Lodge No. 113,. District No. 8, International Association of Machinists, affiliated with the American Federation of Labor, has been designated and selected by a majority of all tool and die makers, tool makers, metal pattern makers, apprentices, and. grinders employed by The Liquid Carbonic Corporation, Chicago, Illinois, in the machine division at its Chicago plant, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Die and Tool Makers Lodge No. 113, District No. 8, International Association of Machinists, affiliated with the American Federation of Labor, is the. exclusive representative of all such employees for the purposes of collective bargaining with re- spect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY FURTHER CERTIFIED that Independent Beverage Machin- ery Builders Union has been designated and selected by a majority of all production and maintenance employees of The Liquid Carbonic Corporation, Chicago, Illinois, at its Chicago plant, excluding all tool and die makers, tool makers, metal pattern makers, apprentices, and grinders in the machine division; clerical and supervisory employees, THE LIQUID CARBONIC CORPORATION 539 time-study men, timekeepers, watchmen, plumbers, order fillers, lay- out men, and all employees covered by existing written or oral con- tracts between the Company and the several labor organizations herein above referred to in the supplementary findings of fact, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to the provisions -of Section 9 (a) of the National Labor Relations Act, Independent Beverage Machinery Builders Union is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employ- ment, and other conditions of employment. MR. GERARD D. REILLY took no part in the consideration of the above Second Supplemental Decision and Certification of Representatives.