Couse Laboratories, Inc.

In the Matter of Cousn LABORATORIES, INC. and INDEPENDENT UNION OF COUSE LABORATORY' Case No. R-2867.-Decided August 02, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mrs. Elinore M. Herrick, for the Board. Mr. Joseph Solimine, of Newark, N. J., for the Company. Mr. Robert D. Keehn, of Hillside, N. J., and Mr. Mapes Davidson of Newark, N. J., for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 10, 1941, Independent Union of Couse Laboratory, herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Couse Laboratories, Inc., herein called the Company, en- gaged in the manufacture of mobile machine shops in Newark, New Jersey, and requesting an investigation and certification of repre- sentatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 22, 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 Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On July 19, 1941, the Company, the Union, and the Regional Director, entered into a "STIPULATION FOR CERTIFI- CATION OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on July 28, 1941, under the direction and supervision of the 34 N. L. R. B., No. 96. 755 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director, among all production and maintenance employees of the Company, excluding electricians, foremen, other supervisory employees, clerical employees, and guards, to determine whether or not said employees desired to be represented by the Union for the purposes of collective bargaining with the Company. On July 30, 1941, the Regional Director issued and duly served upon the parties her 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 her Election Report, the-Regional Director reported as follows concerning the balloting and its results : Total number eligible to vote------------------------------- 118 Total number of ballots cast-------------------------------- 107 Total number of valid ballots-------------------------------- 107 Total number of votes in favor of Independent Union of Couse Laboratory----------------------------------------------- 99 Total number of votes against aforementioned union ---------- 8 Total number of blanks votes-------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of challenged votes---------------------------- 0 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 rep- resentation of employees of Couse Laboratories , Inc., Newark, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company excluding electricians , foremen, other supervisory employees , clerical employees, and guards, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 3. Independent Union of Couse Laboratory , has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining , and is the exclusive representative of all the employees in said unit , within the meaning of Section 9 (a) of the 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 Re- lations Act, COUS'E LABORATORIES, INC. 757 IT IS HEREBY CERTIFIED that Independent Union of Couse Labora- tory, has been designated and selected by a majority of all produc- tion and maintenance employees of Couse Laboratories, Inc., Newark, New Jersey, excluding electricians, foremen, other supervisory em- ployees, clerical employees, and guards, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Independent Union of Couse Laboratory, is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. EDWIN S. SMITH took no part in. the consideration of the above Decision and Certification of Representatives. 451269-42-vol. 34--49