Kenhart Corp.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 330 (N.L.R.B. 1945)

In the Matter Of KENHART CORPORATION and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , DISTRICT 54, A. F. OF L.
Case No. 8-R-1772.-Decided April 4, 19If5
Messrs. Maw- S. Fishel and G. N. Foster, of Cleveland, Ohio, for the
Company.
Messrs. A. P. Nabonzy, Nick Charo, and Herbert L. Wakemam, of
Cleveland, Ohio, for the I. A. M.
Mr. F. A. Norman, of Cleveland, Ohio, for District 50.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District 54, A. F. of L., herein called the I. A. M., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Kenhart Corporation, Cleveland, Ohio, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Louis, S. Belkin, Trial Exam-
iner. Said hearing was held at Cleveland, Ohio, on March 10, 1945.
At the commencement of the hearing, the Trial Examiner granted a
motion of District 50, United Mine Workers of America, herein called
District 50, to intervene. The Company, the I. A. M., and District 50
appeared at, and participated in the hearing and 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
Kenhart Corporation is an Ohio corporation operating a plant at
'Cleveland, Ohio, where it is engaged exclusively in the manufacture
61 N. R. L. B., No. 43.
. 330
KENHART CORPORATION 331
of fuse parts for the United States Army. During the last 5 months
of 1944, the Company sold products valued at about $40,407. All raw
materials used by the Company are furnished it on consYgnment by a
concern at Fostoria, Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District 54, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
District 50, United Mine Workers of America, is a labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the I. A. M. or District 50 as
the exclusive collective bargaining representative of its employees
until such time as one or the other is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. A. M. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate. ^
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Sections 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and
maintenance employees of the Company, excluding office and clerical
employees, foremen, assistant foremen, and any other supervisory
employees with authority to hire, promote, discharge,, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, 2 constitute a unit appropriate for the pur-
poses 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
1 The Field Examiner reported that the I . A. M. presented 71 authorization cards bearing
names of persons who appear on the Company's pay roll of February 25, 1945 There are
approximately 85 employees in the appropriate unit . District 50 presented 19 authoriza-
tion cards
2 The parties agree, and we find, that Norman Stetch, set-up man, is' a supervisory
employee
332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Labor 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 3, as amended, it is
hereby ,
DIRECTED that as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kenhart Corpora-
tion, Cleveland, Ohio, an election by secret ballot shall be conducted as
early as possible, but not later than sixty (60) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Eighth 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 the em-
ployees 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 and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by International Asso-
ciation of Machinists, District 54, A. F. of L., or by District 50, United
Mine Workers of America, for the purposes of collective bargaining,
or by neither.