National Rubber Machinery Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 86 (N.L.R.B. 1945)

In ,the Matter of,NATIONAL RUBBER MACHINERY COMPANY and UNITED
STEELWORKERS OF AMERICA,` CIO
Case No. 8-R-186.Decided October, 12,1945
Mr. R. G. Minns, of Akron, Ohio, for the Company.
Mr. James C. Quinn, of-Youngstown, Ohio, for the CIO.
Mr. Ralph L. Green, of New Castle, Pa., for the UMW.
Mr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by.United Steelworkers of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
-arisen concerning the representation of employees of National Rubber
Machinery Company, Columbiana, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Louis S. Belkin, Trial Examiner. Said
hearing was held at Cleveland, Ohio, on July 7-, 1945. The Company,
ithe, CIO, and United Construction Workers, affiliated with the United
Mine-Workers of America, herein called the UMW, appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing-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
National Rubber Machinery Company';-an Ohio corporation with its
-principal office in Akron, Ohio, operates a plant at Columbiana, Ohio,
64 N. L. R B., No.,18.
86 ,
!.,
,NATIONAL RUBBER MACHINERY COMPANY 87
where it is,engaged principally in the manufacture of machinery-for
the rubber and plastic industries., During the year 1944, the Company
purchased for use at its, Columbiana .plant raw materials exceeding
.$400,000 in value, of which at least 50 percent came from points outside
the State of Ohio. During the, same period, it manufactured, at its
Columbiana plant products valued in excess of $1,000,000,,of which
approximately 25 percent represented shipments to points outside the
State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II., TIIE ORGANIZATIONS INVOLVED
United; Steelworkers of America ; afliliated , withthe Congress of 'In-
dustrial Organizations , is a labor organization admitting to_member-
ship employees of the Company.
United Construction Workers , affiliated with the United Mine
Workers of America, is a labor organization admitting to membership
employees of the Company. . t
III. TIIE QUESTION CONCERNING REPRESENTATION
By letter dated May25,1945, the CIO requested recognition from the
Company as the exclusive bargaining representative of certain of its
employees. By letter dated May 28, 1945, the Company refused, to
grant such recognition until the CIO has been certified by the Board
in an appropriate unit. ' r
On July 25, 1944, the Company and the UMW entered into a contract
.covering, the employees involved herein, which provided, inter alia,
that it "shall remain in full force and effect until the 25th day of July,
1945, and then successively from year to year thereafter unless at least
thirty (30) days prior to the 25th day of July, 1945, or the 25th day
of July of any succeeding year, either party gives to the other a written
and signed notice,of his desire of a change or termination of the agree-
ment." The UMW contended at the hearing that, in the absence of
such notice by either contracting party, the contract is still in effect,
and is a bar, to a, present determination of representatives. However,
inasmuch as the CIO advised the Company of its rival claim, and also
filed its petition,' prior to the effective automatic renewal date.of the
contract, we find, under well established principles of the Board, that
the contract does not constitute a bar to the present proceeding.2
' The petition was filed on May 24, 1945
s See Matter of The Columbus Bolt Works Company, 62 N. L. R. B. 978; Matter of
Savage Arms Corporation, 62 N. L. R. B 1156. . .
.
13
88 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em=
ployees in the unit hereinafter found appropriate.3
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
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the-Company at its Co-
lumbiana, Ohio, plant, excluding all pattern makers, watchmen, office
and clerical employees, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effecti-My'reconmmend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Sectioi 9 (b) of the Act.
V. TFIE 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 dilring 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions'Board Rules-and-Regulations-Series 3, as amended; it is hereby_
DIRECTED that, as, part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with National Rubber
Machinery Company, Columbiana, 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 super=
vision of the Regional Director for the Eighth Region, acting in this
iniatter 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 'ih the unit found' appropriate in Section' IV, above,
The Field Examiner reported that the CIO submitted 136 membership cards ;,that -the
'names of 135 persons appearing " on the cards were listed on the Companp 's paj' roll of
June 25, 1945 , which contained the names of 192 employees in the alleged appropriate
unit , and that 95 cards were dated May 1945, 2 were dated June 1945 , and 38 were undated.
The UMW relies on its contract as proof of its interest in the proceeding.
N
NATIONAL RUBBER MACHINERY COMPANY 89
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing 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 they desire to be represented by United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, or by United Construction Workers, affiliated with the
United Mine Workers of America, for the purposes of collective bar-
gaining, or by neither. I
MR. GERARD D. REILLY took no part iii, the consideration of the
above Decision and Direction of Election.