Allis-chalmers Manufacturing Co. And United Electrical, Radio & Machine Workers Of America, Local 765, 255 (1942)

Docket Number:R-4059
Party Name:259

In the Matter of ALLIS-CHALMERS MANUFACTURING CO. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 765 Case No. R-4059.-Decided August 15, 19J2 Jurisdiction: motor manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to bargain in view of existing contract with rival union; contract held no bar where original agreement had been operative for initial term of 1 year and extension agreement had been entered into with full knowledge of claims of petitioner; election necessary.

Unit Appropriate for Collective Bargaining: production and maintenance employees of Company's Norwood Works, with specified inclusions and exclusions.

Mr. John L. Waddleton, of Milwaukee, Wis., for the Company.

Mr. Ernest DeMaio, of Chicago, Ill., and Mr. Waldo Stager, of Cincinnati, Ohio, for the C. I. O.

Mr. Alphonse G. Reisenberg, Mr. Albert G. Mucleerheide, and Mr.

Harry Detmaring, of Cincinnati, Ohio, for the Association.

Mr. Robert E. Tillman, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 765, affiliated with the C. I. O., herein called the C. I. O., alleging that a question affecting commerce had arisen concerning the representation of employees of Allis-Chalmers Manufacturing Co., Norwood, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Cincinnati, Ohio, on July 21, 1942. The Company, the C. I. O., and Employees Association of the Norwood Works of the Allis-Chalmers Manufacturing Company, herein called the Association, appeared and participated.1 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses,

SInternational Union, United Automobile Workers of America, affiliated with the A. F.

of L., although served with notice, did not appear.

and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Allis-Chalmers Manufacturing Co. is engaged in the manufacture, sale, and distribution of electric motors of less than 500 horsepower, and electrically driven hydraulic pumps. Only its plant located in...

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