Lunkenheimer Co., 1131 (1938)

Docket Number:00-R-00471

In the Matter of LUNKENHEIMER COMPANY and STEEL WORKERS ORGANIZING COMMITTEE

Case No. R-471.-Decided January 24, 1938

Valve Manufacturing Industry-Investigation, of Representatives: controversy concerning representation of employees : refusal by employer to recognize petitioner as exclusive bargaining representative of its employees-Unit Appropriate foi Collective Bagasning: stipulation; production employees-Representattves: no controversy as to petitioner's majority in appropriate unit,Certification of Representatives: upon proof of majority representation.

Miss Mary Telker, Mr. W. J. Perricelli, and Mr. Philip G. Phillips, for the Board.

Frost & Jacobs, by Mr. Carl M. Jacobs, of Cincinnati, 0., and Mr.

Cornelius J. Petzhold, of Cincinnati, 0., for the Company.

Mr. Julius Holzberg, of Cincinnati, 0., for the S. W. 0. C.

Mr. Melvin S. Frazier, of counsel to the Board.

DECISION

AND

CERTIFICATION OF REPRESENTATIVES

STATEMENT OF THE CASE

On 'September 10, 1937, Steel Workers Organizing Committee, herein called the S. W. 0. C., 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 Lunkenheimer Company, Cincinnati, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 4, 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 October 15, 1937, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the S. W. 0. C. Pursuant to the notice, a hearing was held on Novem1131 ber 2, 1937, at Cincinnati, Ohio, before Robert M. Gates, the Trial Examiner duly designated by the Board. The Board, the Company, and the S. W. O. C. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to crossexamine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on...

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