Irwin Auger Bit Co.Download PDFNational Labor Relations Board - Board DecisionsJun 3, 194668 N.L.R.B. 447 (N.L.R.B. 1946) Copy Citation In the Matter of IRWIN AUGER BIT COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL WORK- ERS OF AMERICA (UAW-CIO) Case No 9-R-2098.-Decided June 3, 1946 Messrs. Peck, Shaffer and Williams, by John C. Taylor, of Cincinnati, Ohio, and Messrs Ray Fisher and E . L. Bangham, of Wilmington, Ohio, for the Company. Mr. Sol Goodman, of Cincinnati , Ohio, and Mr . George Wilkin, of Dayton, Ohio, for the CIO. Mr. William V. Montague , of Cincinnati , Ohio, for the AFL. Mr Benj. E Cook, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW- CIO), herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Irwin Auger Bit Company, Wilmington, Ohio, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold M. Weston, Trial Examiner. The hearing was held at Cincinnati, Ohio, on May 3, 1946. The Com- pany, the CIO, and the International Union, United Automobile Workers of America, A. F. of L., herein called AFL, appeared and participated. 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. 68 N. L. it B, No. 60. 447 448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Irwin Auger Bit Company, an Ohio corporation, with its office and plant located at Wilmington, Ohio, is engaged in the manufacture, sale, and distribution of auger bits, screw drivers, and related items. During the calendar year of 1945, the Company purchased raw materials valued in an amount exceeding $200,000, approximately 60 percent of which was shipped to its plant from points outside the State of Ohio. During the same period, it sold finished products valued in an amount exceeding $900,000, at least 90 percent of which was shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft and Agricultural Im- plement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. International Union, United Automobile Workers of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company." III. THE QUESTION CONCERNING REPRESENTATION On March 14, 1946, the CIO requested recognition as the exclusive bargaining representative for the Company's employees. The Company refused such recognition on the ground that there was an existing col- lective bargaining agreement between the Company and the AFL. On February 7, 1945, after the AFL had been certified as the bar- gaining representative of the Company's employees pursuant to a con- sent election conducted by the Board, the Company and the AFL entered into a written bargaining contract. The contract was to be effec- tive for a period of 1 year and indefinitely thereafter unless 60 days' notice be given by one of the parties of a desire to terminate or modify I Although there may be a considerable group of employees who are dissatisfied with the representation accorded them by the AFL, we find that the record does not support the contention of the CIO that the AFL has become defunct or is otherwise incapable of function- ing as the bargaining representative of the Company's employees. IRWIN AUGER BIT COMPANY 449 the agreement.2 The Company and the AFL contend that the fore- going contract is a bar to a present determination of representatives. However, in view of the fact that the contract has been in force for 1 year and is now one of indefinite duration, we find that it does not con- stitute a bar to the instant proceeding .3 A statement of a Board agent, introduced into evidence at the hearing, indicates that the CIO represents a substantial number of employees in the unit hereinafter found appropriate.4 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 parties agree generally that all production , mechanical , and main- tenance employees, including shipping room employees but excluding office and supervisory employees constitute an appropriate unit. They disagree , however , as to the guards ; the AFL and the Company would exclude them and the CIO urges their inclusion. The record discloses that the Company has three guards who patrol the plant on three successive 8-hour shifts . They are not militarized or deputized , and have no supervisory or monitorial duties. The guards were excluded from the unit as certified by the Regional Director following the consent election referred to in Section III, above, and they were not covered by the subsequent contract between the Company and the AFL. Although the record does not disclose that the guards have interests or duties which .would of necessity prevent their inclusion in the present bargaining unit , in the absence of any compelling circumstances warrant- ing a departure therefrom , we shall adhere to our usual practice and not disturb the contract unit established as the result of collective bargaining between the Company and the AFL; we shall , therefore , exclude the guards.5 We find that all production , mechanical, maintenance , and shipping room workers employed by the Company at its Wilmington , Ohio, plant, S The pertinent clause of the contract reads as follows: Article 14. This agreement shall become in full force and effect on the day and year first above written and shall continue until February 27, 1946 after which date it will be con- sidered a continuous agreement until either party hereto seeking to terminate , change, or amend this agreement by mutual consent shall give to the other party sixty ( 60) days notice in writing of such termination changes or amendment. 8 See Matter of Colgate Palmolive-Peet Company, 63 N. L. R. B. 1184. 'The Field Examiner reported that the CIO submitted 170 cards, bearing the names of company employees. There are approximately 225 employees in the appropriate unit. The AFL relies upon its prior contract with the Company as evidence of its interest in the instant proceeding. 5 See Matter of Petersen & Lytle, 60 N. L. R. B. 1070. 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD but excluding office employees, guards, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, 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 an election by secret ballot among 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 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Irwin Auger Bit Company, Wilmington, Ohio, an election by secret ballot shall be con- ducted 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 Ninth 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 employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direc- tion, 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 them- selves in person at the polls, but excluding those employees 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 they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW- CIO), or by International Union, United Automobile Workers of America, AFL, for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation