A.D. Cook Inc.

National Labor Relations Board - Board Decisions

Aug 17, 1942

43 N.L.R.B. 277 (N.L.R.B. 1942)

In the Matter of A. D. Coox INC. and DISTRICT No. 34, INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-4095.-Decided August 17, 1942
Jurisdiction : pump manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all machinists, machine hands, pro-
duction workers, and necessary laborers pertaining thereto, employed in
Company's machine shop, excluding foremen with authority to recommend
hire or discharge, and all other supervisors with authority to hire or dis-
charge, moulders, pattern makers, watchmen, and office employees ; stipulation
as to
Frost cC Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio,
for the Company.
Mr. J. 'E. Chapman, of Cincinnati, Ohio, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District No. 34 Internatiolial Association
of Machinists, herein called the Union, alleging that a question affect-
ing commerce lead arisen concerning the representation of employees
of A. D. Cook Inc., Lawrenceburg, Indiana, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Arthur R. Donovan, Trial Ex-
aminer. Said hearing was held at Lawrenceburg, Indiana, on July 31,
1942. The Company and the Union 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.
43 N. L. It. B., No. 37.
277
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF. THE C0-,NIPANY
A. D. Cook Inc., an Indiana-corporation, is engaged in the manu-`
facture of deep well pumps and water well supplies. During 1941,
the Company purchased raw materials valued at approximately
$490,000, of which approximately 90 percent was shipped to the Com-
pany'from points outside the State of Indiana. During the same
period, the Company manufactured and sold products valued at
approximately $1,000,000, of which approximately 80 percent was
shipped to points outside the State of Indiana.
II. THE ORGANIZATION INVOLVED
District No. 34 International Association of Machinists, affiliated
n ith the American Federation of Labor, is a labor organization ad-
slitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen in that,the Companyrefused to recognize the Union until
the Union had been certified by the Board.
A report prepared by the Regional Director and introduced in evi-
dence at the hearing indicates that the Union submitted evidence that
it represented a substantial number of employees of the Company in
-the unit hereinafter found to be appropriate.,
We find that a question affectiiig conniierce 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
machinists, machine hands, production workers, and necessary labor-
ers pertaining thereto, who are employed in the Company's machine
shop, excluding foremen with the authority to recommend hire or
discharge , and all other supervisors with the authority to hire or
discharge, moulders, pattern makers, watchmen, and office employees
' The Regional Director reported that the Union presented 84 application cards for
membership , all dated between March 1. 1942, and June 1, 1942 Of the 84 cards submit-
ted, 75, bear apparently genuine signatures of persons whose names appear on the Com-
pany ' s pay roll of June 4, 1942 Theie aie approximately 134 employees in the unit.
A. D. COOK-INC. 279
(including three employees in the office of the shop), constitute a unit,
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.'
V. THE DETERMINATION OF REPRESENTATIVES
'We shall direct that the' question concerning' representation- which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of.o r 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"iested in the National
Labor Relations Board, by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board•Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A: D: Cook Inc.,
Lawrenceburg, Indiana, 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 Eleventh Region, acting in this matter as agent for
the National Labor Relations Board, and-subject to Article III, Sec-
tion 9, of said Rules 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 in the active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for cause,"
to deterniiiie whether or not they desire to be represented by District
No. 34,International Association of Machinists for: the purposes of
.collective bargaining.
CHAIRMAN MILLIS took no pait in the consideration of the above
Decision and Direction of Election. " .
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