A..M. Carter

National Labor Relations Board - Board Decisions

Jul 1, 1943

51 N.L.R.B. 1 (N.L.R.B. 1943)

In the Matter of A . M. CARTER , AN INDIVIDUAL and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE 1151
Case No. R-6513.-Decided July 1, 1943
Mr. A. M. Carter, of Galion, Ohio, for the Company.
Mr. R. D. Rust, of Mansfield, Ohio, and Mr. C. E. Smith, of Galion,
Ohio, for the Union.
Miss Viola James , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Association
of Machinists, Lodge 1151, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of A. M. Carter, an individual, Galion, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Max W. Johnstone,
Trial Examiner. Said hearing was held at Galion, Ohio, on June
11, 1943. 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 prej-
udicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
A. M. Carter, an individual, operates a machine shop in Galion,
Ohio, and is engaged in, performing machine and assembly work on
a contractual basis for the Galion Iron Works & Manufacturing Com-
pany, Galion, Ohio, herein called the Iron Works. The raw materials
used by the Company are furnished by the Iron Works; at no time
51 N L. R. B, No. 1.
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2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
does the Company take title to any of the machined parts. From
September 15, 1942, to May 10, 1943, the Iron Works paid the Com-
pany the sum of $21,677.95 for work performed. The Company con-
templates similar contractual arrangements with other companies.
The Iron Works is an Ohio corporation engaged in the manufacture
of road graders and road rollers. One of the principal raw materials
used is steel, the purchase of which approximates a cost of $650,000
annually; approximately 75 percent is purchased from points outside
the State of Ohio. Of the total production, approximately 65 percent,
valued at $6,500,000 annually, is shipped to points outside the State of
Ohio. We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge 1151, is a labor or-
ganization admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
On or about April 7, 1943, the Union requested recognition as the
exclusive representative of the Company's employees. The Company
refused the request.
The record reveals that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
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
In substantial accordance with an agreement of the parties, we find
that all production and maintenance employees of 'the Company em-
ployed in the Carter Machine Shop, excluding office and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes of
collective bargaining -within the meaning of Section 9 (b) of the Act.
i The Comany contends that it is not within the jurisdiction of the Board We find no
Merit in this contention See .]tatter of United State, Cartr idge Conuany, 42 N L R B
191, citing N L R B v Gainblatt, 300 U S 001
sA Field Exannnei of the Board ieported that the Union submitted 18 designations, all,
beaiing apii.irently genuine oiigmal signatures, 13 of which weie the names of persons on
the Company's pay loll of May 5, 1943. which listed 17 persons in the appropriate unit Of
the 13 designations, 12 were dated March and 1 dated April 1943
A. M. CARTER e)
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 employ-
ees 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 Direc-
tion.
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 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. M. Carter, an
Individual, Galion, Ohio, 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 Eighth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, 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 any such 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 armed forces of the United States who pre-
sent themselves in person at the polls, but excluding any who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by International Association of Machinists,
Lodge 1151, for the purposes of collective bargaining.
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