Farm Tools, Inc.

National Labor Relations Board - Board Decisions

Oct 13, 1950

91 N.L.R.B. 926 (N.L.R.B. 1950)

In the Matter of FARM TOOLS, INC. (VULCAN Plow DIVISION); EM-
FLOYER and LOCAL 650, INTERNATIONAL UNION , UNITED ' AUTOMOBILE
WORKERS OF AMERICA , AFL, PETITIONER
Case No. 35-RC-090.-Decided October 13, 1950,
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William A. McGowan, hear-
ing.officer.. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member,
panel [Chairman Herzog and Members Murdock and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. Local 650, International Union, United Automobile Workers of
America, AFL, claims to represent employees of the Employer.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons :
The Petitioner seeks to represent the production and maintenance
employees in the Employer's Evansville, Indiana, plant.' The Em-
ployer contends that no election should be directed, as it is closing
down its business and the employees currently employed do not
constitute an appropriate unit.
Since 1940, the Petitioner has represented all the production and
maintenance employes at the Evansville plant, its most recent contract
having expired in March 1949. The Employer's superintendent testi-
fied that in February 1949, which was a peak period, the employee
complement consisted of a large office force, a general plant manager,
the plant superintendent, 10 foremen, and about 300 production and
maintenance employees. These employees were engaged in the manu-
I Farm Tools , Inc., is an Ohio corporation engaged in the manufacture of farm equip-
ment, with headquarters in Mansfield , Ohio. Only the Employer 's Evansville , Indiana,
plant is involved . in this proceeding.
91 NLRB No. 157:
926
FARM TOOLS, INC. 927
facture of farm equipment in a plant consisting of several buildings
and covering a city block.
By the time of the hearing, however, all the Employer's raw ma-
terials, plant machinery (except for an insignificant amount), and
real estate had been- sold. The record reflects that the Employer at
that time:had discontinued all production and was engaged only in
the storage and shipment of ;finished goods in about one-fourth of the
former plant, which was leased from the purchaser. The number of
employees had be'eii reduced to one office girl, the plant superintendent,
and seven production and maintenance employees, four of whom were
to be released the following week and the other three to remain until
the inventory was eliminated.
The Employer does not expect to resume production operations in
the Evansville plant. According to the record, the inventory of goods
is not being replenished, and the Employer intends to retain the em-
ployees employed only until the supply of goods on hand has been
exhausted.
In view of these circumstances, we believe that no useful purpose
would be, served by proceeding with a present determination of
representatives. Accordingly, we shall dismiss the petition.2
ORDER
IT Is HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
2 See Parsons Corporation, 86 NLRB 74 ; Cf. Walker County Hosiery Mills , 87 NLRB
1167.