King Machine Tool Co.

National Labor Relations Board - Board Decisions

Jun 29, 1942

41 N.L.R.B. 1405 (N.L.R.B. 1942)

In the Matter of KING MACHINE TOOL CO., PLANT #2, and LOCAL 766,
UNITED ELECTRICAL, RADIO & MACHINE' WORKERS OF AMERICA
(C. 1. 0.) .
Case No. R-3993.-Decided June 29,194
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. C. L. Muller, of Cincinnati, Ohio, for the Company.
Mr. Talmadge Raley, of Cincinnati, Ohio, for the Union.
Mr, George H. Gentitlzes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by Local 766, United Electrical, Radio
Machine Workers of America (CIO), herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation'of employees of King Machine Tool Co., Plant #2,
herein called the'Company, engaged in Cincinnati, Ohio, in the manu-
facture of vertical boring and turning machines, the National Labor
Relations Board provided for an appropriate hearing upon due notice.
On May 22, 1942,'before a hearing was held, the Company, the Union,
and the Regional Director for the Ninth Region (Cincinnati, Ohio)
entered into a "STIPULATION FOR CERTIFICATION ON CON-
SENT ELECTION." The stipulation provided, among other
things, that, in the event the Union received a majority of the votes
cast in the election, the employees eligible to vote therein should
form part of a single appropriate unit together with employees at
another plant of the Company for whom the Union had already been,
certified by the Board, and that the Union should, be certified as the
exclusive representative of all employees in said unit as thus
expanded.,
I The unit found appropriate in the prior case consisted of "all production and mainte-
nance employees , including employees in the tool loom , but excluding office employees,
foremen , assistant foremen, supervisors , leadmen, plant guards , and all other employees
41 N. L. R. B, No. 249.
1405
1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation an election by secret ballot was conducted
on June'3, 1942, under the direction and supervision of the Regional
Director, among all production and maintenance employees employed
at Plant #2 of the Company, including employees in the tool-room,
but excluding office employees, foremen, assistalt foremen, supervisors,
leadmen, plant guards,,'and all other employees having the right to
hire and discharge, to determine whether or not they desired-to be
represented by the Union. On June 4, 1942, the Regional Director
issued and duly served upon the parties an 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.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 1,53
Total ballots cast---------------------------------------- 141
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- 1
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 140
Votes cast for Local 766, United Electrical, Radio & Machine
Workers of America, C I. 0--------------------------- 110
Votes cast against Local 766, United Electrical, Radio
Machine Workers of America, C I 0-------------------- 30
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 King Machine Tool Co., Cincinnati, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All production and maintenance employees employed at Plant
#1 and Plant #2 of the Company, including employees in the tool-
room, but excluding office employees, foremen, assistant foremen,
supervisors, leadmen, plant guards, and all other employees having
the right to hire and discharge, constitute a unit appropriate for the
purposes 'of collective bargaining within the meaning of Section 9
(b) of the Act.
3. Local 766, United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of employees in the-
above unit as their representative for the purposes of collective bar-
having the right to hire and discharge, employed at Plant 1 of the Company " See Matter
of Ktng Mdchane Tool Co ands Local 766, United Electrical, Rad1to & Machine Workers of
Ame, ice, C I. 0., 39 N. L. R. B. 1. -
KING- MACHINE TOOL Co.' -1407
gaining and is the exclusive representative of all -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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Local 766, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority
of all production and maintenance employees employed at Plant #1
and Plant #2 of King Machine Tool Co., Cincinnati, Ohio, including
employees in the toolrooom, but excluding office employees, foremen,
assistant foremen, supervisors, leadmen, plant guards, and all other
employees having the right to hire and discharge, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the Act, Local 766, United Electrical, Radio &
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.