Arcrods Corp.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1304 (N.L.R.B. 1942)

_In the Matter of ARCRODS CORPORATION and ELECTRODE WORKERS
} (UNAFFILIATED)
Case No. R-3711.-Decided May 12, 191,2
Jurisdiction : nurweldmg electrode manufacturing industry.
-Investigation and Certification of Representatives : existence of question : re-
fusal to accoid petitioner recognition until certified by the Board; election
necessary
Unit Appropriate for Collective Bargaining : all hourly i ate employees at the
Company's Cuyahoga Heights, Ohio, plant, excluding foremen, supervisors, and
salaried office clerical employees
Mr. Richard C . Swander, for the Board.
Mr. William E . Brainard , of Cleveland , Ohio, for thelCompany.
Mr. David Lederman , of Cleveland , Ohio for the Electrode
Workers.
Mr. William K. Thomas, of Cleveland, Ohio, for the S. W. O. C.
Mr. Reynolds C. Seitz , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petition duly filed by Electrode Workers, unaffiliated, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Arcrods Corporation, Cuyahoga Heights,
Ohio, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Earl S. Bellman, Trial Examiner. Said hearing was held at Cleve-
land, Ohio, on April 7, 1942. The Company, the Electrode Workers,
and,Local 2299 of the Steel Workers Organizing Committee, herein
called the S. W. O. C., 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.
The S. W. O. C. appeared at the hearing only for the purpose of
moving that the petition be dismissed,' on the ground that the Elec-
1 The S. W. 0 C made this motion early in the hearing and again at its conclusion
40 N. L. R B., No 231.
1304
ARCRODS CORPORATION 1305,
trode Workers is not a bona fide labor organization. At the close
of the hearing, the Electrode Workers moved that the S. W. O. C: be
stricken as a party because there was no proof that it had ever been
organized. The Trial Examiner reserved both motions for the Board.
They are hereby denied.
On April 20 and 21, 1942, the S. W. O. C. and the Electrode
Workers, respectively, filed briefs, which the Board has duly con-
sidered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Arcrods Corporation was incorporated under the laws of the State
of
Delaware in 1938, under the name of "Weldrods Corporation."
Within a few months after its incorporation it assumed its present,
name.
The plant involved in the present proceeding is at Cuyahoga
Heights, Ohio, where the Company is engaged in the manufacture of'
arc-welding electrodes. The principal raw materials used at this
plant are steel, silicate, Tio-2, Femn, and other flux and alloy ma-
terials. In 1941, the value of steel used by the Company was
approximately $1,000,000, the value of chemicals used was approxi-
mately $400,000, and the value of packing supplies used was ap-
proximately $50,000. Approximately $400,000, by value, of these
materials came from outside the State of Ohio. The Company's
total sales for 1941 amounted to approximately $1,700,000, of which
approximately 86 percent was shipped outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
Electrode Workers, unaffiliated, and Local 2299 of the Steel Workers
Organizing Committee, affiliated with the Congress of Industrial'
Organizations, are labor organizations admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 24, 1942, the Electrode Workers requested the Com-
pany to bargain with it as the exclusive representative of the Com-
pany's employees in the unit described in Section IV, below. The
Company refused to bargain with the Electrode Workers until it was,
certified by the Board.
A statement of the Field Examiner introduced in evidence at the
hearing, and a check made by the Trial Examiner at the hearing,
1306 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD
show that the Electrode Workers represents a substantial number of
employees in the unit hereinafter found to be 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 National Labor Re-
lations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with agreement, between the Company and
the Electrode Workers, that all hourly rate employees at the Com-
pany's Cuyahoga Heights, Ohio, plant, excluding foremen, super-
visors, and salaried office clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
-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
employees in the appropriate unit who were employed during the
pay-roll, period immediately preceding the date of the Direction
herein, subject to the limitations and additions set forth in the
-Direction.
The S. W. O. C. stated that it does not desire to participate in any
-election ordered by the Board, and its name will not be placed on
the ballot. -
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 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 Arcrods Cor-
poration, Cuyahoga Heights, 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
2 The statement of the Field Examiner indicates that the Electrode workers has
submitted 82 authorization cards, of which 76 are dated from February 16 to March 11,
1942, and 6 are undated . The statement further sets forth that 76 of the authorization
-cards appear to -bear genuine original signatures which are the names of persons listed
on the Company's pay roll of March 12 , 1942 , which contained 90 names.
At the hearing, 5 additional authorization cards , dated in March and April 1942, were
-checked by the Trial Examiner against The Company 's pay roll of April 6, 1942, and
-Lound to be authentic.
The S. W. O. C admits it has no membership cards to submit.
ARCRODS CORPO'RATIMI 1307
of the Regional Director for the Eighth Region, acting in this mat-
ter as agent for the National Labor Regulations Board and subject
to Article III, Section 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 of Election, including employees who did not
work during such pay-roll period because they were ill or on vaca-
tion 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 determine whether or not they desire
to be represented by Electrode Workers, unaffiliated, for the purposes
of collective bargaining.