Dracco Corp.Download PDFNational Labor Relations Board - Board DecisionsJul 25, 194133 N.L.R.B. 803 (N.L.R.B. 1941) Copy Citation In the Matter of DRACCO CORPORATION and UNITED AUTOMOBILK WORKERS OF AMERICA (C. I. 0.) Case No. R-2728.-Decided July 25, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Geo. A. Geissler , of Cleveland , Ohio, for the Company. Mr. Hastings Jones, of Cleveland , Ohio, for the C. I. 0. Mr. J. F. Kuban, of Cleveland , Ohio, for the Council. Mr. Eugene M. Purver, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 6, 1941 , United Automobile Workers of America (C. I. 0.), herein called the C . I. 0., filed with the Regional Director for the Eighth Region (Cleveland , Ohio ) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Dracco Corporation , herein called the Company, engaged in the manufacture of machinery at Cleveland , Ohio, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National , Labor Relations Act, 49 Stat. 449, herein called the Act. On June 26, 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 Director to conduct it and to provide for an appropriate hearing upon due notice. On June 23 , 1 941, the Company, the C. I. 0., and Dracco Employees Council, Inc., herein called the Council, a labor organization claiming to represent em- ployees affected by the investigation , and the Regional Director for the Board, entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the Stipulation , an election by secret ballot was con- ducted on July 3, 1941 , under the direction and supervision of the Regional Director, among all hourly paid production and mainte- 33 N L . R. B., No. 145. 450122-42-vol. 33-52 803 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nance employees of the Company, excluding superintendents, fore- men, engineers, draftsmen, clerical and office employees, and tempo- rary employees, to determine whether they desire to be represented by Dracco Employees Council, Inc., or by United Automobile Workers of America (C. I. 0.), for the purposes of collective bargaining, or by neither. On July 7, 1941, 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. In his Election Report the Regional Director reported as follows concerning the balloting and its results : Total on eligibility list______________________________________ 60 Total ballots cast___________________________________________ 59 Total ballots challenged _____________________________________ 4 Total blank ballots__________________________________________ 0 Total void ballots ------ ----------------------------------- 0 Total valid votes cast_______________________________________ 55 Votes cast for Dracco Employees Council, Inc---------------- 12 Votes cast for United Automobile Workers of America (C. I. 0 ) 41 Votes cast for neither -------------------------------------- 2 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 repre- ' 'sentation of employees of Dracco,Corporation, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All'hourly paid production and maintenance employees of Dracco Corporation, excluding superintendents, foremen, engineers, drafts- men, clerical and office employees, and temporary employees, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. -3. United Automobile Workers of America (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 representative of all employees in the said unit within the meaning of Section 9 (a) 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, DRACCO CORPORATION 805 IT IS HEREBY CERTIFIED that United Automobile Workers of America (C. I. 0.) has been designated and selected by a majority of all hourly paid production and maintenance employees of the Dracco Corpora- tion, Cleveland, Ohio, excluding superintendents, foremen, engineers, draftsmen, clerical and office employees, and temporary employees, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, United Automobile Workers of America (C. I. 0.) is the exclusive represent- ative 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. Copy with citationCopy as parenthetical citation