Gatke Corp.

National Labor Relations Board - Board Decisions

Mar 22, 1941

30 N.L.R.B. 514 (N.L.R.B. 1941)

In the Matter of GATKE CORPORATION and FEDERAL LABOR UNION
#22421 OF THE AMERICAN FEDERATION OF LABOR
Case No. R-2334.-Decided March 2., 1941
Jurisdiction : asbestos friction products, brake lining, timing gear, and non-
metallic bearing manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition in the absence of certification by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding supervisory and clerical employees.
Mr. J. Edward Headley, of Warsaw, Ind., and Fyffe c Clarke, by
Mr. John Harrington, of Chicago, Ill., for the Company.
Mr. Stanton A. Sweeney and Mr. Hugh Gormley, of Indianapolis,
Ind., for the Union. ,
Mr. Robert D. Allen, of counsel to,the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 18, 1940, Federal Labor Union #22421 of the Ameri-
can Federation of Labor, herein called the Union, filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana) a
petition alleging that a question affecting commerce -had' arisen con-
cerning the representation of employees of Gatke Corporation, War-
saw, Indiana, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On February 3, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of National Labor Relations Board_Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On February 6, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on February .18,
30 N. L. R. B., No 75.
514'
GATKE CORPORATION 515,
1941, at Warsaw, Indiana, before Arthur R. Donovan, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented by counsel and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. During the'course ofthe hearing-the Trial
Examiner made several rulings on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Gatke Corporation is engaged at its plant at Warsaw, Indiana,,
in the manufacture of asbestos friction products, brake lining, tim-
ing,gears, and non-metallic bearings. ..In the manu