Noblitt-Sparks Industries, Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1945

64 N.L.R.B. 594 (N.L.R.B. 1945)

In the Matter of NOBLITr-SPARKS INDUSTRIES , INC. and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 11-R-855.-Decided October 30, 1945
Messrs. J. C. Noblitt and Yandell C. Kline , of Columbus , Ind., and
Mr. Carl Wilde, of Indianapolis, Ind., for the Company.
Mr. Frank L. Bartee, of Indianapolis, Ind., for the C. I. O.
Mr. Earl Wolfinger, of Nortth Vernon, Ind., for the Independent.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Noblitt-Sparks Industries, Inc., North Vernon, Indiana, herein called
the • Company , the National Labor Relations Board provided for an
appropriate hearing upon due notice before William O. Murdock,
Trial Examiner . The hearing was held at Columbus, Indiana, on
August 29, 1945. The Company, the C. I. 0., and North Vernon
Industrial Workers Union, herein called the Independent, 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
I. THE BUSINESS OF THE COMPANY
Noblitt-Sparks Industries , Inc., is an Indiana corporation with its
principal offices at Columbus, Indiana. The Company operates sev-
64N.L.R B, No 98
594
NOBLITT-SPARKS INDUSTRIES , INC. 595
eral plants throughout the State of Indiana; the present proceeding,
however, involves only the plant at North Vernon, Indiana, where,
the Company is engaged in preparing for the manufacture of laundry
tubs and ironing tables. The plant had been previously engaged in,
the manufacture of war materials. During the year 1944, the Com-
pany purchased steel valued in excess of $50,000, 50 percent of which
came from points outside the State of Indiana. During the same
period the Company's finished goods amounted to over $100,000 in
value, 50 percent of which was shipped to points outside the' State
of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
North Vernon Industrial Workers Union, unaffiliated, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION' CONCERNING REPRESENTATION
The Company has refused to recognize either the C. I. O. or the
Independent as the exclusive bargaining representative of its em-
ployees until and unless it has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. 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
We find, in substantial accord with a stipulation of the parties, that
all production and maintenance employees of the Company's North
Vernon, Indiana plant, excluding, however, office clerical employees,
engineers, foremen, and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes.
1 The Field Examiner reported that the C . I 0 submitted 44 authorization cards, that
38 of these cards bore the names of persons appearing on the Company ' s pay roll of July
21, 1945 ; that of these 38, cards, 37 were dated June 1945 and 1 was undated , and that
there are 67 employees in the alleged appropriate unit
At the hearing the Independent , in proof of its interest , submitted 14 authorization
cards, 11 of whic hbore the names of persons appearing on the above -statod pay roll.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the status of employees, or effectively recommend such action, 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
The C. I. O. requests that the Board depart from its normal practice
and use the Company's pay roll of August 11, 1945 to determine eligi-
bility to vote in the election. No evidence was adduced at the hearing
to warrant a departure from our customary eligibility rule. Accord-
ingly, we shall direct that the question concerning representation
which has arisen be resolved by 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 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 the National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Noblitt-Sparks In-
dustries, Inc., North Vernon, Indiana, 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 Eleventh 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 during the pay-roll period immediately preceding the
date of this Direction, including 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 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 International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, C. I. 0., or by North Vernon Industrial Workers
of America, C. I. 0., or by North Vernon Industrial Workers Union,
unaffiliated, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.