Bersted Mfg. Co.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1032 (N.L.R.B. 1943)

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'In the Matter of BERSTED MFG. Co., and INTERNATIONAL ASSOCIATION
OF MACHINISTS
Case No. R-5560.-Decided June 30, 19413
Mr: Walter M. Witherspoon , of Fostoria , Ohio, for the Company.
Mr. R. D. Rust , of Mansfield , Ohio, and Mr. Lester Moffett, of
Fostoria , Ohio, for the I. A. M.
Mr. Eugene R. T/iorrens , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly.filed by International Association of Machinists,
herein called the I . A. M., alleging that a question affecting commerce
had arisen concerning the representation of employees of Bersted
Mfg. Co., Fostoria, Ohio, herein called the Company , the National
Labor Relations Board provided for an appropriate hearing upon
due notice before William O. Murdock , Trial Examiner . Said hear-
ing was held at Fostoria, Ohio, on June" 17, 1943. The Company
and the I. A. M. 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 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
Bersted Mfg. Co., an Ohio corporation, is engaged in the manu-
facture and sale of electric motors for airplanes, airplane instruments,
and parts for 'magnetos. Based upon records with respect to its
activities during the first 6 months of 1943, the Company will receive,
50 N. L R. B., No. 152.
1032
BERSTEID MFG. CO. 1033
raw materials in the approximate amount of $30,000 from outside the
State of Ohio and in the approximate amount of $50,000 from local
sources during 1943; and, during the same period, the Company's
total sales will amount to approximately $535,000, of which approxi-
mately $485,000 represents sales outside the State of Ohio.
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 28, 1943, and again on or about May 17,, 1943,
a representative of the I. A. M. advised the Company that that labor
organization represented a majority of the Company's employees
and requested recognition as their bargaining agent. The Company
declined to accord recognition to the I. A. M.
A statement of a Field Examiner for the Board, introduced in evil
dente at the hearing, indicates that the I. A. M. represents a substan-
tial 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Company and the I. A. M. in substance agreed, and we find,
that all production and maintenance employees of the Company,
excluding office employees, foremen, and 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.
V. THE DETERMINATION OF REPRESENTATIVES
At the time of the hearing the Company employed approximately
60 persons and planned to increase its pay roll within 60 days to
approximately 100 employees. These facts raise the question whether
the petition filed herein is premature in view of the expanding unit.
We are of the opinion that since the Company at present employs
'The Field Examiner stated that the I A_ M submitted 29 authorization cards, all bear-
ing apparently genuine original signatures ; of these, 28 bear names of persons listed on
the Company 's pay roll of May 25, 1943, which pay roll lists 42 employees in the unit here-
inafter found appropriate.
1034 ' DECISIONS OAF" NATIONAL LABOR' RIELATIONS BOARD
over 50 percent of the anticipated personnel , the purposes of the Act
will best be effectuated by making collective bargaining an immediate,
possibility for these employees.2 Accordingly we shall proceed with
an immediate determination of representatives , and we shall direct
that the question concerning -representation which has arisen be re-
solved by an election by secret ballot among employees in the appro-
priate unit who were employed during the pay-roll period immedi-
ately preceding the date of our 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 Rela ' -
tions 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 Bersted Mfg. Co.,-,
Fostoria, 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 the Direction
herein, 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 employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Association of
Machinists for the purposes of collective bargaining.
a See utter of Phelps Dodge Products Corp; 47 N. L R B 310