Krauth & Benninghofen

National Labor Relations Board - Board Decisions

May 17, 1944

56 N.L.R.B. 606 (N.L.R.B. 1944)

In the Matter of KRAUTH & BENNINGHOFEN and THE UNITED AuTOMo-
BILE, AIRCRAFT & AGRICULTURAL IMPLEMENT- WORKERS OF AMERICA
(UAW-CIO), AMALGAMATED LOCAL 176
Vase No. 9-R-1394.-Decided May '17, 1944
Mr. G: A. Diesbaclt, of Hamilton, Ohio, for the Company.
Mr. Bernard C. Wilderding, of Hamilton, Ohio, for the Union.
Mr: William Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Automobile, Aircraft & Agri-,
cultural -Implement Workers of America (UAW-CIO), Amalgam-
ated Local '176, herein called the Union, alleging that a, question
affecting commerce had arisen concerning the representation of em-
ployees' of Krauth & Benninghofen, Hamilton, Ohio, herein called
the Company, the Natioiial' Labor Relations Board provided for an
appropriate hearing upon due notice before Benjamin E. Cook, Trial
Examiner. Said-hearing was held at Hamilton, Ohio, on April 20,
1944. The -Company and the Union 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 an' opportunity to file briefs with the Board: ,
Upon the entire 'record in the case, the Board makes the following:
FINDINdS OF ,FACT
I. THE BUSINESS OF THE COMPANY
The Company, a partnership, is engaged at its plant in Hamilton,
Ohio, in the manufacture and sale of radio parts and grenade
adaptors: During the 12 months preceding the hearing, the Coin-
paiiy purchased steel, brass, and aluminum,' valued in excess of
$50,000, approximately 30 percent of which was shipped,to the Com-
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56 N. L. R. B., No. 118.
'606
KRAUTH & BENNINGHOFEN 607
pany from points outside the State of Ohio. During the -same period,
its finished products were valued in excess of.$200,000, approximately
60 percent of which was sold and shipped to points outside the State.
The Company admits that it is engaged in commerce within the ;
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers
of America (UAW-CIO), Amalgamated Local 176, affiliated with the
Congress of Industrial Organizations, is a labor 'organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has ' refused to grant recognition to the Union as
the exclusive bargaining representative of its employees until the
Union has been certified by the Board'in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 to a unit composed of all maintenance and pro-
duction employees, including inspectors and set-up men, but excluding
office workers, engineering department' employees, salaried employ-
ees, chief inspectors, plant-protection employees, and foremen. .The.
Union seeks the inclusion of plant clerks, ,while the Company seeks
their exclusion. The record 'discloses that three such clerks 'are now
employed; 'and that two work in the shipping department while one
divides his time between the tool crib and the carpenter shop. The
shipping clerks are engaged primarily in preparing packages for ship-
ment. One of them on occasion goes 'into the superintendent's 'office
to consult records. This is, however; only incidental to the main job
which is a manual one: • There is no personal or other contact with
office workers. We shall, therefore, include them in the unit.
We find that all production and maintenance employees, including
inspectors, set-up men, and plant clerks, but excluding office workers,
engineering department employees, salaried employees, chief inspec-'
' The Field Examiner reported that the Union submitted 59 cards all of which bore
apparently genuine original signatures ; that 50 cards were dated since February 1, 1944 ;
and that there are 73 employees in the appropriate unit.
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
tors, plant-protection employees, foremen, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 the em-
ployees in the appropriate unit who were employed during the pay-,
roll period immediately preceding the,date of the Direction of Elec
tion, 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Krauth S Benning=
hofen, Hamilton, Ohio, an election by secret ballot 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 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 the employees in the
unit,found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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 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 or not they .desire to be represented by Amalgamated Local
176,• International Union, United Automobile, Aircraft and Agricul-
tural Implement Workerss of America, affiliated with the C. I. 0., for
the purposes of collective bargaining.
CHAIRMAN Mr LIS took no, part yin 'the,"consideration of the above
Decision and Direction of Election. '
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