Joslin Schmidt Corp.

National Labor Relations Board - Board Decisions

Jan 20, 1938

4 N.L.R.B. 1078 (N.L.R.B. 1938)

In the Matter of JosLIN SCHMIDT CORPORATION and COMMITTEE FOR
INDUSTRIAL ORGANIZATION
Case No. R-549.-Decided January 20, 1938
Fertilizer Manufacturing Industry-Investigation of Representatives : agree-
ment as to holding of election-Election Ordered
Mrs. Mary Telker Iliff, for the Board.
Mr. Julius Holzberg, of Cincinnati, Ohio, for the Committee for
Industrial Organization.
Mr. Martin IKurasch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
On October 19, 1937, Committee for Industrial Organization filed
with the Regional Director for the Ninth Region (Cincinnati, Ohio)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Joslin Schmidt Cor-
poration, Lockland, Ohio, 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 Decem-
ber 20, 1937, 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 1, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On January 10, 1938, the Regional Director
issued and duly served a notice of hearing.
On January 14, 1938, a stipulation was entered into between Joslin
Schmidt Corporation, Lincoln Local Industrial Union 513, and United
Workers of Joslin Schmidt, a labor organization claiming to repre-
sent employees directly affected by the' investigation. On January
18, 1938, the Board, acting pursuant to Article III, Section 10 (c) (1),
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued an order transferring the proceeding to itself.
The above-mentioned stipulation reads as follows :
1078
DECISIONS AND ORDERS
I
1079
It is hereby agreed. between the undersigned, for the purpose
of avoiding time and expense involved in testimony on the facts,
that the following facts are true :
A. The Joslin-Schmidt Corporation is a corporation duly in-
corporated in 1925 under the laws of the State of Ohio.
B. The Corporation is engaged in the business of manufactur-
ing and distributing fertilizer, glue, animal foods, tallow, and
other products. Its raw materials are almost exclusively animal
by-products about 50 percent of which are purchased from with-
out the State of Ohio. Over 50 percent of its finished products
consisting of fertilizer, glue, animal foods, tallow, etc. are shipped
by rail and auto truck to points outside the State of Ohio. The
operations of the Joslin-Schmidt Corporation in transforming
raw material into the finished products does not require specially
skilled labor.
The Corporation agrees that -it is engaged in interstate com-
merce within the meaning of the decisions of the U. S. Supreme
Court interpreting the National Labor Relations Act.
C. Lincoln Local Industrial Union No. 531, affiliated with the
Committee for 'Industrial Organization, is a labor organization
within the meaning of the National Labor Relations Act.
D. Lincoln Local Industrial Union No. 531 claims to repre-
sent a majority of the production employees of the Lockland,
Ohio, plaint of the company, but the company refuses to recognize
the said Lincoln Local Industrial Union No. 531 as the sole bar-
gaining agency for the employees at its Lockland, Ohio, plant,
unless and until said Lincoln Local Industrial Union is certified
by the National Labor Relations Board as representing a majority
of the production employees of its Lockland, Ohio, plant. The
production employees of the Joslun-Schmidt Corporation's Lock-
land, Ohio, plant, excluding those having the right to hire and
fire, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of the National Labor Relations
Act.
II
It is hereby agreed that-
A. An election pursuant to the order of the National Labor
Relations Board is desired by the parties hereto, to be held in
accordance with the rules and regulations of the National Labor
Relations Board.
B. The ballots used in such election should give the production
employees of the Lockland, Ohio, plant of the Joslin-Schmidt
67573-38-von iv-69
1080 NATIONAL LABOR RELATIONS BOARD
Corporation an opportunity to vote on the question as to whether
they desire to be represented by Lincoln Local Industrial Union
No. 513 or do not desire to be represented by said union.
C. All production employees of the Lockland, Ohio, plant of
the company, except those having the right to hire and fire, on
the payroll for the week of January 11, 1938, shall be eligible to
vote in said election.
D. The parties hereby agree that if it is determined.by the
National Labor Relations Board that Lincoln Local Industrial
Union No. 513 represents a majority of the production employees
of the Lockland, Ohio, plant herein described in accordance with
the above procedure, that the said company agrees to proceed
to bargain collectively with Lincoln Local Industrial Union No.
513 as certified by the National Labor Relations Board as the sole
collective bargaining agency for all the production employees of
the Lockland, Ohio, plant.
E. The United Workers of the Joslin-Schmidt Corporation
admit at present that they do not have a majority` of the em-
ployees in the afore-mentioned unit and waive a place on the
ballot at said election.
It is agreed that the Board be requested to order the election
to take place on some day during the week of January 24, 1938,
preferably on January 26, said election to be conducted under
the direction and supervision of the Regional Director for the
Ninth Region of the National Labor Relations Board on such
date as he may determine.
Upon the basis of the above stipulation the Board will issue a direc-
tion of election.
DIRECTION OF ELECTION
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is,
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with Joslin Schmidt Corporation, Lockland, Ohio, an election by
secret ballot shall be conducted within ten (10) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Ninth Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all production employees of
DECISIONS AND ORDERS 1081
the Lockland, Ohio, plant of the Company, except those having the
right to hire and fire, who were on the pay roll during the week of
January 11, 1938, to determine whether or not they desire to be rep-
resented by Lincoln Local Industrial Union No. 513 for the purposes
of collective bargaining.
[SAME TITLE]
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
January 25, 1938 ' '
On January 20, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled case, such election to be held under the directiowr
and supervision of the Regional Director for the Ninth Region
(Cincinnati, Ohio).
The Board, having been advised by the Regional Director that
Lincoln Local Industrial Union No. 531 has been incorrectly desig-
nated Lincoln Local Industrial Union No. 513, hereby amends the.
Decision and Direction of Election by striking therefrom wherever
they appear, the words "Lincoln Local Industrial Union No. 513",
and substituting therefor the words "Lincoln Local Industrial Union
No. 531."