M. A. Knight Co.

National Labor Relations Board - Board Decisions

Aug 30, 1944

57 N.L.R.B. 1725 (N.L.R.B. 1944)

In the Matter of M. A. KNIGHT COMPANY and DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. 8-R-1591.-Decided August 39,1944
Messrs. E. 0. Boedicker, H. L. Proctor, and E. 0. Guess, of Akron,
Ohio, for the Company.
Messrs. Joseph Bird, Sam Wantling, and E. Williams, of Cleve-
land, Ohio for the UMW.
Messrs. Pat Calvert and Frank Williams, of East Liverpool, Ohio,
for the AFL.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called the UMW, alleging that a question affecting
commerce had arisen concerning the representation of employees
of M. A. Knight Company, Akron, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William O. Murdock, Trial Examiner..
Said hearing was held at Akron, Ohio, on August 2, 1944. The
Company, the UMW, and National Brotherhood of Operative Pot-
ters, Local Union No. 159 (AFL), herein called the AFL, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 :
FINDINGS OF FACT,
1. THE BUSINESS OF THE COMPANY
M. A. Knight Company, an individual proprietorship, is engaged
in the manufacture of acid, stoneware, and pyroflex tank and tower
57 N. L. R. B., -No. 287.
i
1725
1726 • DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
linings at a plant in, Akron, Ohio. The, annual- value of the' raw
materials purchased by the Company exceeds $100,000, of which
approximately 95 percent is secured outside the State of Ohio. The
annual value of the finished products is in excess of $100,000, of.
which approximately 85 percent is shipped to points outside the
State of Ohio.
The Company admits; and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Worker's of America, is a labor organization
admitting to membership employees of the Company.
National Brotherhood of Operative Potters, Local Union No. 159',
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 28, 1944, the UMW notified the Company' that it
claimed to represent a majority of the production and maintenance
employees and requested that a date be set to discuss the negotiation of
a'contract. The Company replied that its production and maintenance
employees were covered by a current contract with the AFL and that
it could not therefore comply with the request. Thereupon the UMW
filed the petition in the instant case.
The contract between the Company and the AFL constitutes. no bar
to this proceeding since it expired on August 1, 1944.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the UMW 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 stipulated, and we find, that all production and main-
tenance employees, including key men, but excluding guards, office
and clerical employees, and all supervisory employees, constitute the
appropriate unit.
i The Field Examiner repotted that the UMW submitted 35 designation cards ; that the
names of 35 persons appearing^on the cards were listed on the Company ' s pay roll of July
13, 1944 which contained the names of 57 employees in the appropriate unit, and that
the cards were dated in February , April and June 1944 The AFL relied upon its contract
to establish its interest in this proceeding.
M. A. KNIGHT COMPANY '1727
The parties were unable to agree as to the inclusion,or exclusion of,
the chief shipping clerk, Luther Williams. The Company contends
lie is a supervisor and should therefore be excluded from the unit. He
is paid a weekly salary and is carried on the office pay roll, while the
production and maintenance employees are carried on the factory-pay
roll. , He receives orders directly from the superintendent -or plant
manager and is responsible for getting the finished gods segregated,
packed and placed into the cars or trucks. There are four men in the
shipping department who are under his immediate supervision and
direction and his time is spent almost exclusively in the performance
of non-manual supervisory work. It is clear that he is a supervisory
employee, and we shall exclude him from the unit as such.
'We find that all production and.maintenance employees of the Com-
pany, including •key men, but excluding guards, office and clerical
employees, the chief shipping clerk and all or any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend 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\
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 tliat,.as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with M. A. Knight
Company, Akron, 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 apd 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
1728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This Direction, 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 nqt been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by District 50,
United Mine Workers of America, or by National Brotherhood of
Operative Potters, Local Union No. 159 (AFL), for the purposes
of collective bargaining, or by neither.
CHAIRMAN MILLI$ took no part in the consideration of the above
Decision and Direction of Election.