Dortch Stove Works, Inc.

National Labor Relations Board - Board Decisions

Oct 16, 1943

52 N.L.R.B. 1450 (N.L.R.B. 1943)

In the Matter of DORTCH STovE WoRIccs, INC., and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. 10-R-995.-Decided October 16, 1943
Mr. George H. Armistead, Jr., of Nashville, Tenn., for the Com-
pany.
Mr. Lee J. Sorsby, Jr., of Nashville, Tenn., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Dortch
Stove Works, Inc., Franklin, Tennessee, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Mortimer H. Freeman, Trial Ex-
aminer. Said hearing was held at Franklin, Tennessee, on Septem-
ber 24, 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
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
Dortch Stove Works, Inc., is a Tennessee corporation engaged in
the manufacture of stoves at Franklin, Tennessee. During the past
12 months the Company purchased from points outside the State of
i International Molders and Foundry Workers Union of North America, also served with
notice, did not appear.
52 N. L. It. B., No. 244.
1450
DORTCH STOVE WORKS, INC. 1451
Tennessee raw materials and other unfinished products of a value in
excess of $400,000, for use at its plant at Franklin, Tennessee. Dur-
ing the same period the Company sold and delivered to points out-
side the State of Tennessee more than $750,000 worth of its finished
products. Twenty-five percent of its products is, bought by the
Federal Public Housing Administration.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Coriress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of its employees for the rea-
son that it doubts that the Union represents a majority.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that
all employees engaged at the Company's plant in Franklin, Tennessee,
excluding clerical workers, salesmen, checkers, inspectors, foremen
and any other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.$
2 The Field Examiner reported that the Union submitted 203 application -for-member-
ship 'cards , 200 of which bore apparently genuine original signatures ; that the names of
151 persons appearing on the cards were listed on the Company 's pay roll of September
4, 1943, which contained the names of 306 employees in the appropriate unit ; that the
cards were dated in the months of May, June, July, August, and September, 1943.
8 The parties disagreed as to whether or not this stipulated unit includes the Company's
watchmen. The record discloses that the watchmen are unarmed and are "night watch-
men" rather than guards . They are not members of the auxiliary military police. We
find that they are properly a part of the appropriate unit
1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 em-
ployees in the appropriate unit who were employed during the pay-
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dortch Stove
Works, Inc., Franklin, Tennessee, 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 Tenth 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 preced-
ing 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, to determine whether or not they desire to be represented
by United Steelworkers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.