Irwin Auger Bit Co.

National Labor Relations Board - Board Decisions

Jun 3, 1946

68 N.L.R.B. 447 (N.L.R.B. 1946)

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.