Electro-Motive Corp.

In the Matter of ELECTRO-MOTIVE CORPORATION and UNITED OFFICE & PROFESSIONAL WORKERS OF AMERICA, LOCAL 24, AFFILIATED WITH THE CIO Case No. R-3454.-Decided January 26, 1942 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Charles A. Graham, for the Board. Mr. Denton Jolly, Mr. Robert C. Carson, Mr. H. M. Hogan, and Mr. A. T. Power, of Detroit, Mich., for the Company. Mr. Robert Goodman, of Chicago, Ill., for the United. Mr. Ralph S. Clifford, of counsel to the Board. - DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On October 17, October 28, and December 19, 1941, respectively, United Office and Professional Workers of America, Local 24, affiliated with the CIO, herein called the United. filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition, an amended petition, and a second amended petition, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Electro-Motive Corporation, McCook, Illinois, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 2411941, 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 December 23, 1941, the Company, the United, and the Regional Director, entered into a "Stipulation for Certification of Representatives Upon Consent Election." 38 N. L. R. B., No. 115. 546 ELECTRO-MOTIVE CORPORATION 547 Pursuant to the Stipulation, an election by secret ballot was con- ducted on December 30, 1941, under the direction and supervision of the Regional Director, among all clerical employees in the Parts Service Department and Metallurgical Department, and all shop clerks in Manufacturing Divisions 20, 30, 40, and 90, and Departments 3, 4, 5, and 19, excluding all supervisory employees and employees in a confidential capacity, to determine whether or not they desired to be represented by the United for the purposes of collective bargain- ing. On January 3, 1942, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No ob- jections to the conduct of the ballot 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 : Total on eligibility list_____ ____________ ----- ---------------------------------- 84 Total ballots cast-------------------------------------------- 80 Total ballots challenged ______________________________________ 0 Total blank ballots --------- ----------------------------------- 1 Total void ballots____________________________________________ 0 Total valid votes cast________________________________________ 79 Total number of votes cast for United Office and Professional Workers of America, Local 24, affiliated with the C I. 0-------- 78 Total number of votes cast against United Office and Professional Workers of America, Local 24, affiliated with the. I. 0-------- 1 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FAOr 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Electro-Motive Corporation, McCook, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All clerical employees in the Parts Service Department and Metallurgical Department, and all shop clerks in Manufacturing Di- visions 20, 30, 40, and 90, and Departments 3, 4, 5, and 19, exclud- ing all supervisory employees and employees in a confidential capacity, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Net. 3. United Office and Professional Workers of America, Local 24, affiliated with the C. I. 0., 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 represen- tative of all the employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. 548 DE'CISTONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, IT IS HEREBY CERTIFIED that United Office and Professional Workers of America, Local 24, affiliated with the C. I. 0., has,been designated and selected by a majority of all clerical employees in the Parts Service Department and Metallurgical Department and all shop clerks in Manufacturing Divisions 20, 30, 40, and 90, and Departments 3, 4, 5, and 19, excluding all supervisory employees and employees in a confidential capacity, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, United Office and Professional Workers of America, Local 24, affiliated with the 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.