Lipe-Rollway Corp.

National Labor Relations Board - Board Decisions

May 6, 1943

49 N.L.R.B. 552 (N.L.R.B. 1943)

In the Matter of LIPE-ROLLWAY CORP., SOLVAY DIVISION and UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, UAW-CIO
Case No. R 52.,..x:Decided May 6, 19.1,3
Messrs. Hancock, Dorr, Ryan and Shove, by Mr. C. E. DOrr, of Syra-
cuse, N. Y., for the Company. -
Mr. Francis X. O'Mealia, of Syracuse N. Y., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND,
DIRECTION OF ELECTION
STATEMENT OF 'THE CASE
Upon amended petition duly filed by United Automobile, Aircraft
& Agricultural Implement Workers of America, UAW-CIO, herein
called the Union; alleging that a question affecting commerce had arisen
concerning the representation of employees of Lipe-Rollway Corp.,
Solvay Division, Solvay, New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Francis V. Cole, Trial Examiner. Said hearing
was held at Syracuse, New York, on April 21,1943. The Company and
the Union appeared, participated, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lipe-Rollway Corporation, herein called the Corporation, is a New
York corporation engaged in the manufacture of tools, heavy duty
automotive clutches, and parts for tanks. For, this purpose the cor-
poration operates one plant at Syracuse, NEw York, and another plant
49 N. L R B., No. 78.
552
LIPE-ROLLWAY CORP. 553
at Solvay, New York, known as Lipe-Rollway Corp., Solvay Division
and designated herein as the Company, with which we are here con-
cerned. The major products manufactured by the Solvay plant consist
of tank parts. The Corporation in its entirety is operating practically
100 percent for the national war effort. Between January 1, 1942, and
December 30, 1942, the Corporation used at its Syracuse, New York,
plant, raw materials valued at approximately $320,000, of which about
49 percent represents shipments made to the Corporation from points
outside the State of New York. During the same period the Corpora-
tion manufactured at its Syracuse, New York, plant, finished products
valued at approximately $786,000, of which about 95 percent repre-
sents shipments to points outside the State, of New York. No figures
were disclosed at the hearing herein for, the Corporation's operations
conducted at its Solvay Division. The corporation admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act. Since the Company is a division of the Corporation per-
forming integrated operations therewith, we, find that the Company
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, is a labor organization affiliated with the
Congress of Industrial ' Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the bargaining
representative of its employees unless and until it has been certified
as sucli,by the Board.
A statement of the Field Examiner, introduced into evidence at
the hearing indicates that the Union represents a substantial number
of employees 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
In accordance with a stipulation of the parties, we find that all pro-
duction and maintenance employees of the Lipe-Rollway Corp., Solvay
1 The Field Examiner reported that the Union submitted 34 designation cards, of which
33 bore apparently genuine original signatures . Thirty of these contain the names of
persons appearing upon the Company 's pay roll of March 27 , 1943. This pay roll con-
tained 58 names of persons within the appropriate unit.
554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
0
Division, excluding supervisory employees, foremen, assistant foremen,
timekeepers, clerical workers, and plant protection employees, con-
stitute 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
_lias'arisen be,'r`esolved 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 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 2,. as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lipe-Rollway
Corp., Solvay Division, Solvay, New York, 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 super-
vision of the Regional Director for the Third Region, acting 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 any such 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
ofthe United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
UAW-CIO, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.