Elyria Manufacturing Corp.

National Labor Relations Board - Board Decisions

Nov 16, 1943

53 N.L.R.B. 658 (N.L.R.B. 1943)

a
In the Matter of ELYRIA MANUFACTURING CORPORATION and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
Case No. 8-R-1288.-Decided November 16, 1943
Mr. Richard A. Stith, Mr. H. P. Bembover, and Mr. B. I. Ah2e-
mather, of Elyria, Ohio, for the Company.
Mr. D. C. Brown, of Akron, Ohio, and Mr. Alva Kemp, of Elyria,
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 Association of Machinists,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Elyria Manufacturing Corporation, Elyria, Ohio, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Arthur Stark, Trial Ex-
aminer. Said hearing was held at Elyria, Ohio, on November 3, 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 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
Elyria Manufacturing Corporation is an Ohio corporation operat-
ing a plant at Elyria, Ohio, where it is engaged in the manufacture
of special screw machine products. During 1942 the Company pur-
53 N. L. R. B., No. 118.
658
ELYRIA MANUFACTURING CORPORATION 659
chased raw materials valued at about $180,000, a substantial portion
of which was shipped to it from points outside the State of Ohio.
During the same period the Company manufactured products valued
about $526,000, approximately 23 percent of which was shipped to
points outside the State of Ohio. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor Re-
lations Act.
H. THE ORGANIZATION INVOLVED
International Association 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
On September 20, 1943, the Union requested the Company to recog-
nize it as exclusive collective bargaining representative of the Com-
pany'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
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 Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
office employees, guards, and all supervisory employees with authority
to hire, promote, discipline, discharge, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate 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 means of an election by secret ballot among
the employees within 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.
I The Field Examiner reported that the Union presented 48 dues books bearing the
names of persons who appear on the Company's pay roll of October 11, 1943 There are
approximately 70 emp'oyees in the appropriate unit.
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 Elyria Manufac-
turing Corporation, Elyria, 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 temporarily
laid o$ 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 International Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.