New Idea, Inc.

National Labor Relations Board - Board Decisions

May 8, 1943

49 N.L.R.B. 619 (N.L.R.B. 1943)

In the Matter of NEW IDEA, INC. and AGRICULTURAL IMPLEMENT
WORKERS UNION7 LOCAL 603, (A. F. OF L.)
Case No. RD241. Decided May 8, 1943
Mr. H. R. Tingley, of Columbus, Ohio, for the Company.
Mr. L., K. Hougham, of Detroit, Mich., and Mr. Charles R. Brown, .
,of Celina, Ohio, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
'STATEMENT OF THE CASE .
Upon petition duly filed by Agricultural Implement Workers Union,
Local 603 (A. F. of L.), herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of New Idea, Inc., Coldwater, Ohio, herein called the Com-
pany, the National Labor Relations Board provided for aii appropriate
hearing upon due notice before John A. Hull, Jr., Trial Examiner.'
Said hearing was held at Coldwater, Ohio, on April 26, 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.' At the close of the
hearing counsel for the Company moved to dismiss the petition. The
Trial Examiner reserved ruling. The, motion is hereby denied. 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
I. THE BUSINESS OF THE COMPANY
New Idea, Inc., is an Ohio corporation operating a plant at Cold-
water, Ohio, where it is engaged iii the manufacture of agricultural
i Although United Electrical , Radio & Machine Workers of America , C. I. 0., was served
with notice of hearing , it did not appear.
49 N.^ L. R. B, No. 88.
619
620 DECISIONS OF NATFION!AL LABOR RELATIONS BOARD
implements. During 1942, the Company purchased raw materials
valued in excess of $2,250,000, approximately $750,000 worth of which
was shipped to it from points outside the State of Ohio. During the
same period the Company sold finished products valued in excess of
$4,000,000, over $3;600,000 worth of which was shipped to points out-
side the State of Ohio. The Company admits that it is' engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Agricultural Implement Workers Union, Local 603, is a labor
organization affiliated- with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 11, 1943, the Union requested the Company to rec-
ognize it as the exclusive bargaining representative of its employees.
The Company refused this request until such time as the Union is
certified by the Board. -
A statement of a Field Examiner of time-Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.2
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 Section 2 (6) and ^(7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at the Coldwater plant' of
the Company, including part-clerical employees in the plant, but
excluding executives, -assistant foremen, foremen, and office and
clerical employees, 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 means of an election by secret ballot among
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.
2 The Field Examiner reported that the, Union presented,81 application cards bearing
apparently genuine signatures of persons whose names appear ' on the Company's-pay roll
of March 1 , 1943. There are approximately 230 employees in the appropriate unit.
NEW IDEA, INC. 621
The Company employs 14 persons classified by it as part-time
,employees. The Union requests that such employees be deemed
-eligible to vote, and, the Company urges that they be deemed ineli--
gible. Twelve of the part-time employees are high school students
who work 21/2 hours Monday thi ough • Friday, and 8 hours on Sat-
urday, of each week. One - of the part-time employees works- 12
hours weekly and,the other 20 hours weekly. There is no evidence
that` the Compaany's business is seasonal in nature, and the persons
whom the Company= terms part-time employees do not appear to
have been employed otherwise than for the ordinary purpose of the
business. The employees in dispute admittedly perform the same
'type of duties as those performed by 'many of the employees • in the
-appropriate unit. We find that regular part-time employees within
the appropriate unit are eligible to vote in the election.
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 2, as amended, it is hereby
- DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with New Idea;
Inc., Coldwater, Ohio, an election by secret bitillot 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 Eighth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
Ill,- Section 10, 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 this Direction, including any such employees, who did not work
during said pay-roll period because-they were ill or no 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,
to determine whether or not they desire to be represented by Agri-
cultural Implement `Yorkers Union, Local- 603, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining. ',