American Fork and Hoe Co.

National Labor Relations Board - Board Decisions

Aug 22, 1944

57 N.L.R.B. 1487 (N.L.R.B. 1944)

In the Matter of AMERICAN FORK AND HOE COMPANY (GENEVA, OHIO,
WORKS) and UNITED STEELWORKERS OF AMERICA (CIO)
Case No. 8-17-1-578.-Decided August 22. 1.944
Mr. Herman A. Bayless, of Cincinnati, Ohio, and Mr. Robert H.
Cowdery, of Geneva, Ohio, for the Company.
Mr. James P. Griffin,, of Youngstown, Ohio, for the Steelworkers.
'Mr. A. P. Noboznly,,of Cleveland,, Ohio, for the Machinists.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF 'IRE CASE
Upon a petition duly filed by United Steelworkers of America
(CIO), herein called the Steelworkers, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of,American Fork and-Hoe Company (Geneva, Ohio, Works), Geneva,
Ohio, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before-William
0. Murdock, Trial Examiner. Said hearing was held at Cleveland,
Ohio, on July 21, 1944. The Company, the Steelworkers, and Inter-
national Association of Machinists, herein called the Machinists,' ap
peared, 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 Exainii er's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Fork and Hoe Company, an Ohio corporation, with its
principal office' located in Cleveland, Ohio, is engaged in the manufac-
' The record discloses that'Lodge-1244 is the iccal labor organization more patttcularly
roricecned herein however, the appearance of the Machinists was made without reference 1
to the lodge invol%ed
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1487
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
J
ture of hand , farm, garden , and industrial tools. For this purpose it
operates 18 plants located in Ohio, and in other States of the Union.
We are concerned in this proceeding solely with the Company 's plant
located at Geneva, Ohio, herein referred to as the Geneva Works. Dur-
ing the calendar year 1943 , the Geneva Works manufactured finished,
products valued at approximately $3,400 ,000, of which about 85 percent
was shipped to points outside the State of Ohio . During the -same
period materials purchased for use at the Geneva Works amounted in
value to approximately $830,000, of which about 60 percent originated
-from points outside the State of Ohio. '
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED)
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Associlition of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In 1941, a collective bargaining agreement was executed by the Com-
pany and the Machinists covering certain of the former's employees.
Thereafter, annually, renewal agreements were negotiated and exe=
cuted between the Company and the Machinists, the latest of which
was an agreement dated November 11, 1943. This agreement provided,
inter alia, that it was,to remain in effect until -Allay 1, 1914, and there-
after, from year to year subject to thirty (30) days notice, before the
expiration of any yearly period, of a desire by either, party to abrogate
or change the agreement. By letter dated April 1, 1944, the Machinists
notified the Compaiiy that it desired to "negotiate a new contract."
Pursuant to this notice, the parties conducted negotiations during the
latter part of April which continued through the first part of June,
and which resulted in an agreement acceptable to representatives of the
negotiating parties. However, the membership of the Machinists
refused' to ratify this agreement, and there is no executed contract
governing the relations between the Company and the Machinists at
the present time.
The Steelworkers, by a letter dated June- 5, 1944, requested recogni-
tion from the Company as the collective bargaining agent of certain of
its employees.. The Company-replied by letter dated June 21, 1944,
refusing to grant such recognition "until and unless [the Steelwork-
AMERICAN FORK AND HOE COMPANY 1489
ers] were certified as [collective bargaining]. agent by proper legal
and governmental procedures."' -
The Machinists contends that its contractual relations with the Com-
pany constitute a bar to a current determination, arguing that the pro-
visions of its 1943 contract continue to operate until the new agree-
ment is reached. We do not agree. We find that the letter of April 1,
1944, constituted an effective notice of termination of the 1943 contract,
and that there is at the present time no collective bargaining agree-
ment which acts as a bar to a current determination of representatives.2
A report of the Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Steelworkers- represents a
substantial number of employees in the unit , hereinafter found
appropriate.3
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
Substantially in' accordance with the stipulation of the parties at
the hearing we find that all maintenance and production employees at
the Geneva Works of the Colnpany, excluding plant-protection em-
ployees,, office and clerical employees, 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 Act4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
had arisen be resolved -by an election by secret ballot among the em-_
ployees in the appropriate unit who were employed during the pay-
2 The Company has continued since June 30, 1944, to check off dues pursuant to the 1943
contract betntieen it and the Machinists . It holds these dues in escrow pending the settle.
ment of the conflicting claims of the Machinists and the Steelworkers. It requested at the
hearing hat the Board make some determination with respect to the disposition of these
dues . We are of the opinion that the disposition of these dues , which the Company has
deducted in accordance with the terms of the contract between it and the Machinists, and
which it presently holds in escrow, is not within the jurisdiction of the Board under the
Act Nothing in this Decision, therefore, shall be interpreted as a direction as to the
disposition ' of the funds which the Company presently holds in escrow.
,3 The Field Examiner reported that the Steelworkers submitted 171 designations con-
taining the names of persons appearing upon the pay roll of the Company for the period
ending June 26, 1944. There are approximately 369 emplo } ees in the unit hereinafter
found appropriate
The Machinists relies upon its contractual relations with the Company for the establish.
ment of its interest
•4 This is substantially the same unit provided for in the contract of November 11, 1943,
between the Company and the Machinists.
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roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela=
tions 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 American Fork
and Hoe Company (Geneva,,Ohio, Works), Geneva, 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 direc-
tion 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, Sections 10 and 11, 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 temporarily laid off and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees 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 United Steelworkers of America, affiliated with the
Congress of Industrial Organizations, or by International Association
of Machinists, affiliated with the American Federation of Labor; for
the purposes of collective bargaining, or by neither.
CHAIRMAN Milaas took no part in, the consideration' of the above
Decision and Direction of Election.