A. O. Smith Corp.

National Labor Relations Board - Board Decisions

Aug 17, 1944

57 N.L.R.B. 1399 (N.L.R.B. 1944)

In the' Matter' of A. O. 'SMITH CORPORATION, UNION CITY PLANT .and
INTERNATIONAL UNION OF OPERATING ENGINEERS ; LOCAL 36 and
INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL 48
Case-No. 18-RE-13.-Decided August 17; 1944
Messrs. F. A. Mancina and John Nash, of St. Paul Minn., for the
Company.
Mr. S. Robins, of Minneapolis, Minn., and Messrs.* Herbert- M.
Dupaul and Arthur^Ahlberg, of St. Paul, Minn., for the Engineers.
Mr. Waiter Genereaux, of St. Paul, Minn., for the Firemen.
Mr. Louis Cokhi, 'of counsel to the Board.
DECISION'
AND
.DIRECTION OF ELECTION
STATEMENT OF THE CASE.
Upon petition duly filed by A. O. Smith Corporation, Union City
Plant, , St. Paul, Minnesota, herein called the Company, alleging that
a question affecting commerce had- arisen concerning the representa-
tion 'of 'employees of the Company, the National Labor ' Relations
Board provided for' an appropriate hearing upon due notice before
Stephen M. Reynolds, Trial Examiner. Said hearing was held at
,Minneapolis, 'Minnesota, on May 29, 1944. ; The 'Company; Inter-
national Union of Operating Engineers,' Local 36, herein called the
Engineers , and International Brotherhood of Firemen and Oilers,
Local 48, herein called the Firemen, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses , 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. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THI BUSINESS OF THE COMPANY
A. O. Smith Corporation is a New York corporation operating a
plant at St. Paul, Minnesota, known as 'the Union City Plant, where
57 N. L. R. B., No. 215.
1399
'1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it is engaged in the manufacture of aircraft propeller parts. The
Company purchases for use at its Union City Plant raw materials
valued at 'about $210,000, monthly from points outside the State of
Minnesota During the same monthly periods the Company sells
products from its Union City Plant valued at about $550,000, all of
which is shipped to points outside the State of Minnesota. -
We find that the 'Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED t
International Union of Operating Engineers, Local 36 and Inter-
national Brotherhood of Firemen and Oilers, Local 48, are labor
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
- On January 1 and May 1, 1944, respectively, the Firemen and the
Engineers requested the, Company=to recognize them as exclusive col,,
lective bargaining representative of certain employees at the Union--
City Plant. The Company--refused these requests until one or"the
other ,is ,certified by the Board. ,
A'statement of a Field Examiner 'of the Board• introduced into
evidence-, at,the hearing, indicates that the Engineers represents a
substantial number of employees in the ;unit hereinafter found
appropriate.' "
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9, (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in agreement with a stipulation of the parties,
that all employees in the Power and Service Department at the Union,
City' Plant of the Company, excluding the chief engineers and, all
supervisory employees. with authority to hire, promote; discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend. such action, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
' The Field Examiner reported that the Engineers presented 12 authorization cards
bearing names of employees on the April 30, 1944, pay roll of the Company. He further"
reported that the Firemen presented 2 cards bearing aparently genuine signatures' of
persons on that pay roll. There are approximately 12 employees in the appropriate unit.
1
e
A. 0. SMITH CORPORATION
V. THE DETERMINATION OF REPRESENTATIAV,ES
.1401
We shall direct that the question -concerning representation which
has arisen be resolved by means of an election by secret ballot among
the.employees in the appropriate unit who were employed during the
,pay-roll period immediately 'preceding the date of the Direction of
Election herein,, subject to the limitations and additions set forth in
the Direction.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part'of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. O. Smith
Corporation, Union City Plant, St. Paul, Minnesota, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction, 'under the direction
and supervision of the Regional Director for the Eighteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11 , of said Rule's and
Regulations , among the employees in the unit found ' appropriate, in
Section IV,` above; who were employed during the pay-roll period
immediately preceding the date of this Direction,including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
aimed forces of the United States who present ,themselves in person
at' the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by'
International Union of Operating Engineers, Local 36, A. F. of L.,
or International Brotherhood of Firemen -and Oilers, Local 48,
A. F. of L., for the purposes of collective bargaining or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.