Cleveland Worm & Gear Co.

National Labor Relations Board - Board Decisions

Apr 19, 1945

61 N.L.R.B. 635 (N.L.R.B. 1945)

In the Matter of CLEVELAND WORM & GEAR COMPANY and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, LOCAL 625, C. I. O.
Case , No. 8-R-1771.-Decided April 19, 1945
Messrs. George H. Acker and L. K. Gordon , of Cleveland , Ohio, for
the Company.
Mr. Herbert J. Pappin, of Cleveland , Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local 625, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Cleveland Worm & Gear Company, Cleveland, Ohio, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Louis S. Belkin,
Trial Examiner. Said hearing was held at Cleveland, Ohio, on March
25, 1945. 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 op-
portunity 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
Cleveland Worm & Gear Company is an Ohio corporation operating
a plant at Cleveland, Ohio, where it is engaged in the manufacture of
gears. It also operates , as a wholly owned subsidiary , the Farvel Com-
61 N. L . R. B., No. 96.
635
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany. During the 6-month period preceding the hearing the Com-
pany purchased raw materials valued at about $700,000, approxi-
mately 50 percent of which was shipped to it from points outside the
State of Ohio. During the same period the Company sold products
valued at about $1,200,000, approximately 95 percent of which was
shipped to'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. THE ORGANIZATION INVOLVED
International Union, United Autom9bile, Aircraft & Agricultural
Implement Workers of America, Local 625, is a. labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 19, 1945, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union -represents a sub-
stantial number of employees in the unit hereinafter found to be ap-
propriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all pro-
duction and maintenance employees of the Company, including em-
ployees of the Farvel Company,2 but excluding plant guards, clerical
employees, assistant foremen, foremen, and any other 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 pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
'The Field Examiner reported that the Union presented 160 membership cards. There
are approximately 201 employees in the appropriate unit
s The Farvel Company employees work in the same building with the employees of the
Company and under the same supervision and conditions of employment.
CLEVELAND WORM & GEAR COMPANY 637
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of 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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Cleveland Worm
& Gear Company, Cleveland, 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, 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 tem-
porarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding any 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 or not they desire to be represented by Inter-
national Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, Local 625, C. I. 0., for the purposes of
collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
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