National Carbon Co., Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1939

15 N.L.R.B. 481 (N.L.R.B. 1939)

In the Matter of NATIONAL CARBON COMPANY, INC., EDGEWATER WORKS
and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
LOCAL 702, C. I. O.
Case No. R-1358
CERTIFICATION OF REPRESENTATIVES
September 19, 19.39
On July 24, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled case.' The Direction of Election directed that an
election by secret ballot be conducted under the direction and super-
vision of.the Regional Director for the Eighth Region (Cleveland,
Ohio) within fifteen (15) days from the date of the Direction among
all production and maintenance employees including all hourly paid
employees in the works and research laboratories of National Carbon
Company, Inc., Edgewater Works, Cleveland, Ohio, employed by
the Company during the pay-roll period next preceding the date of
the Direction of Election, including employees who did not work
during such pay-roll period because they were ill or on vacation a;nd
employees who were then or have since been temporarily laid off,
but excluding supervisory and clerical employees and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by United Electrical, Radio & Machine
Workers of America, Local 702, C. I. 0., herein called the United,
or by Independent Carbon Workers Association, herein called the
Independent, for the purposes of collective bargaining, or by neither.
Pursuant to the. Direction of Election, an election by secret ballot
was conducted on August 3 and 8, 1939. Full opportunity was ac-
corded to all parties to participate in the election and to make
challenges.
On August 7, 1939, the United filed with the Board a petition to
review and reconsider part of the Decision of the Board issued on
July 24, 1939. On August 9, 1939, the Board denied the petition.
On August 11, 1939, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
' 13 N. L. R . B. 956.
15 N. L. R. B., No. 50.
481
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regulations-Series 2, issued 'and duly served upon the parties his
Election Report. No objections to the conduct of the ballot or to
the Election Report have been filed by any of the parties.2
As to the results of the secret ballot, the Regional Director reported
as follows :
Total number of employees eligible---- ------------------ 1,197
Total number of ballots cast------------------------------ 1,158
Total number of votes for United Electrical, Radio &
Machine Workers of America , Local 702---------------- 687
Total number of votes for The Independent Carbon Workers
Association . ------------------------------------------- 274
Total number of votes for neither organization------------ 196
Total number of blank ballots---------------------------- 1
Total number of void ballots ------------------------------ 0
Total number of allowed challenged votes- --------------- - 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, Local 702, C.I.O., has been designated and se-
lected by a majority of all production and maintenance employees,
including all hourly paid employees in the works and research labora-
tories of National Carbon Company, Inc., Edgewater Works, Cleve-
land, Ohio, but excluding supervisory and clerical employees, as their
representative for the purposes of collective bargaining and that,
pursuant to the provisions of Section 9 (a) of the Act, United Elec-
trical, Radio & Machine Workers of America, Local 702, C.I.O., 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.
2 In his Election Report, the Regional Director reported that, by stipulation entered
into by the Company, the Independent , and the United , the parties agreed that "employees
who were not employed by the Company as of the pay-roll period ending July 22, 1939,
shall not be eligible to vote in the election ." As a result of this, 103 employees who had
been laid . off between March 31 and April 21, 1939, were not permitted to vote. Since
this exclusion was agreed to by all parties and. since the votes of the excluded employees
could not change the result of the election, we shall not consider any issues arising
from the stipulation.