Hoosier Lamp & Stamping Corp.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 156 (N.L.R.B. 1943)

In the Matter of HOOSIER LAMP & STAMPING CORPORATION and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-5510.-Decided July 8,1948
Mr. Isador Kahn, of Evansville , Ind., for the Company.
Mr. William Sentner , of St. Louis, Mo., and Mr. James Payne, of
Evansville , Ind., 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 United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Hoosier Lamp & Stamping Corporation, Evansville,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Jack G. Evans, Trial Examiner. Said hearing was held at Evansville,
Indiana, herein called the Company, the National Labor Relations
at and participated in the hearing? All parties 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
1. THE BUSINESS OF THE COMPANY
Hoosier Lamp & Stamping Corporation is an Indiana corporation
with its principal place of business at Evansville, Indiana, where it is
I Although Metal Fabricators Union, herein called the Independent , was served with
notice of hearing„ it did not appear.
51 N. L. R. B., No. 34.
156
HOOSIER LAMP & STAMPING CORPORATION 157
engaged in the manufacture and sale of aircraft subassemblies and
Naval ordnance. The Company uses raw materials valued in excess
of $500,000 annually, over 50 percent of which is shipped to it from
points outside the State of Indiana. During the same period, the
Company sells 'products valued in excess of $500,000, over 50 percent
of which is shipped to points outside the State of Indiana.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 21, 1943, the Union, claiming to represent a majority of
the Company's employees, requested recognition as the exclusive col-
lective bargaining representative of the Company's employees. The
Company did not reply to this request.
A statement of the Trial Examiner, read into evidence, indicates
that the Union represents a substantial number of employees in the
unit hereinafter found to be 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
The Union urges that all production and maintenance employees
of the Company, excluding foremen, assistant foremen, timekeepers,
clerical employees, watchmen, guards, superintendents, assistant sup-
erintendents, and trainees, constitute an appropriate unit. The only
contr.oversy with respect to the unit concerns timekeepers.
The Company employs 10 persons classified by it as timekeepers.
The Union requests that they be excluded from the unit and the Com-
pany that they be included. The timekeepers maintain attendance and
work records, and assist in the distribution of pay checks. Inasmuch
as their work is purely clerical in nature and dissimilar to that of the
production and maintenance employees, we shall exclude them from
the unit.
We find that all production and maintenance employees of the Com-
pany, excluding foremen, assistant foremen, superintendents, assist-
'The Trial Examiner reported that the Union presented 339 membership -application
cards bearing apparently genuine signatures of persons whose names appear on the Coln-
pany's pay roll of May 22, 1943. The Union flied its petition herein on April 3, 1943, at
which time it represented over 30 percent of the Company ' s employees . However, because
of expanding facilities , the Company had 1 , 324 employees at the time of the hearing.
158 DECISSONS OF NATIONAL LABOR RELATIONS BOARD
ant superintendents, all supervisory employees with authority to hire,
'discharge, promote, discipline, or otherwise effect changes in the sta-
tus of employees, or effectively recommend such action, timekeepers,
clerical employees, watchmen, guards, and trainees, constitute 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 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 La-
bor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Hoosier Lamp &
Stamping Corporation, Evansville, Indiana, an election by secret bal-
lot 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 Fourteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, 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 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,
to determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.