Oakes Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jun 29, 1940

24 N.L.R.B. 1120 (N.L.R.B. 1940)

In the Matter Of OAKES MANUFACTURING COMPANY, INC. and
INDEPENDENT EMPLOYEES' UNION
Case No. RL1877.-Decided Jitne'29, 1914,0
Poultry and Hog Equipment Industry-Investigation of Representatives:
controversy concerning representation of employees: company refused to recog-
nize respective unions until certified by the Board-Unit Appropriate for Col-
lective Bargaining: production, receiving, and shipping employees, excluding
clerical and supervisory employees stipulated ; employees engaged in production
duties 80 per cent of time and in keeping time records the remainder of the
time held to be production employees and included in the unit ; employee
engaged as night foreman during peak seasons held to be engaged in supervisory
capacity and excluded from the unit-Election Ordered
Mr. M. E. Abendroth, of Tipton, Ind., for the Company.
Mr. Foe W. Patrick, of Indianapolis, Ind., for the Independent.
Mr. Grover Ross, of Elwood, Ind., for the S. W. O. C.
Mr. Frederick R. Levinstone, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 1, 1940, Independent Employees' Union, herein called
Independent, filed with the Regional Director for the Eleventh
Region (Indianapolis, Indiana) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Oakes Manufacturing Company, Inc., herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On- May 18, 1940, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized, the Regional
Director to conduct it and to provide for an appropriate. hearing
upon due notice.
On May 28, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Inde-
24 N. L. R. B., No. 121.
1120
OAIiES;'\4A7UFACTURING;,CO1\1PANY, INC. 1121
pendent; Steel Workers Organizing Committee, herein called the
S. W. O. C., and the local representative of the American Federation
of Labor. Pursuant to the notice of hearing, a hearing was held on
June 6, 1940; in Tipton;. Indiana, before Arthur R.: Donovan, the
Trial Examiner duly designated by .the, Board., No one appeared on
behalf, of the American Federation of Labor. The Company, the
Independent, and the S. W. O. C. were represented at the hearing
and participated therein. Frill opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board 'has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby `affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Oakes Manufacturing Company, Inc., an Indiana. corporation, is
engaged in the manu.f.acture, sale, and distribution of poultry. equip-
ment; sprayers, hog waterers, hog feeders, and stock tanks. The
principal raw materials used by the Company are sheet and formed
sections of steel, cast iron, brass, wire, lumber, paper cartons,, glass,
and electrical devices and equipment. During the fiscal year 1940
the Company purchased raw materials in the aggregate amount of
$545,415, 75 per cent of which were obtained from ,sources outside
the State of Indiana. During the first 11 months of the fiscal year
1940, the Company shipped 450 carloads of finished products, having
a. total value of $1,330,000, 90 per cent of which. were shipped to
points outside the State of Indiana, said shipments reaching every
State of the United States.
II. THE ORGANIZATIONS INVOLVED
Independent Employees' Union is an unaffiliated labor organization
admitting to membership employees of the respondent.
Steel Workers Organizing Committee, Local No. 2166, is a labor
organ ization,.affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the respondent.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize either of the unions until
it is established by an election which of the unions represents a:
majority of the employees in the ,appropriate unit.
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation
of the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the, question concerning representation which has
arisen,. occurring in connection with the operations of the Company
described. in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
.
The Independent and the S. W. 0. C. agree that the appropriate
unit should include all production, receiving, and shipping employees
of the Company, exclusive of clerical and supervisory employees.
The unions differ, however, as to the status,-as production employees,
of certain persons named below.
. The S. W. 0. C. contends that Lewis Wayne Graham, Thelma
Weaver, Esther Barker, and Hazel Sharp should be excluded from the
unit as clerical employees because they spend part of their time keep-
ing time records. These four people spend approximately 80 per cent
of their time on production work and the remaining period is spent
assisting the foreman to perform the detailed duty of keeping time
records. Since these four persons have no supervisory authority and
spend the major part of their time in production duties, we conclude
that they should be included in the. appropriate unit as production
employees.
At the hearing it was stipulated that 17 named persons were em-
ployed, in a supervisory capacity. The unions are in dispute, how-
ever, as to the supervisory capacity of Henry Hunter, Henry
Mundell, and John Franklin Robinson.. There is no evidence in the
record to indicate that either Hunter or Mundell is engaged in a
supervisory capacity. Since these two employees are engaged as
production employees, we conclude that they should be included in
the appropriate unit. Robinson, who is presently unemployed, due
to a. seasonal lay-off, was engaged from June 1939 to January 1940
as night foreman. During normal.seasons Robinson is employed as
a regular production employee, but is customarily made night fore-
man if a night " shift becomes necessary. during peak seasons. As
noted below the unions. and. the Company agree that the eligibility
date for the election would be the pay-roll period between January
1 and January 31, 1940. Since Robinson was employed in asuper-
OAKES MANUFACTURING COMPANY , INC. 1123
visory status during this pay-roll period , and is customarily em-
ployed as foreman of the night shift, we conclude that he should be
excluded from the unit.
We find that the production , receiving , and shipping employees,
including Lewis Wayne Graham , Thelma Weaver , Esther Barker,
Hazel Sharp , Henry Hunter, and Henry Mundell, exclusive of
clerical and supervisory employees , constitute a unit appropriate for
the purposes of collective bargaining, and that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and will otherwise
effectuate the policies. of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Trial Examiner presented a statement of the
Regional Director to the effect that the Independent had submitted
151 application cards and the S. W. O. C. had submitted 23 applica-
tion cards in support of their respective claims to represent employees
of the Company. We find that the question concerning representa-
tion can best be resolved by means of an election.by secret ballot and
we shall direct the holding of such an election.
Because of the seasonal nature of the business of the Company the
unions and the Company desire to have the pay-roll period from
January 1 to January 31, 1940, used to determine eligibility to vote.
We see no reason for departing from the agreed eligibility period.
Since there is some possibility , however, that some new employees
may have been hired since that period, we shall also direct that any
such new employees hired between January 31, 1940, and the date of
the Direction of Election be permitted to vote. .
Upon the basis of. the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Independent Employees ' Union and Steel Workers Organizing
Committee , Local No. 2166 , are labor organizations within .the mean-
ing of Section 2 (5) 'of the National Labor Relations Act.
.2. A, question affecting commerce has arisen concerning the repre-
sentation of employees of .Oakes Manufacturing Company, Inc.,
within the meaning of Section 9 (c). and Section 2 (6) and (7) of
the National Labor Relations Act.
3. All production , receiving , and shipping employees , including
Lewis Wayne Graham , Thelma Weaver, Esther Barker , Hazel Sharp,
Henry Hunter, and Henry Mundell , excluding clerical and super-
1124 DECISIONS Or 'NATIONAL LABOR. RELATIONS BOARD
visory employees, constitute a unit appropriate for the purposes of,
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations. Board Rules and. Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for, .collective bargaining with Oakes
Manufacturing Company, Inc., of Tipton, 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 of Election under
the direction and supervision of the Regional Director for the
Eleventh Region acting in this matter as the agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all production, 'receiving, and ship-
ping employees, including-Lewis Wayne Graham, Thelma Weaver,
Esther Barker, Hazel Sharp, Henry Hunter, and Henry Mundell,
who were on,the pay roll during the period from January 1 to Jan-
uary 31, 1940, and employees who have been hired between January
31 and the date of this Direction of Election, including employees
who did not work during the period covered by the January 1 to
January 31 pay roll, because they were ill, or on vacation, and
employees who have since then been laid off and who have not
obtained regular and substantially equivalent employment"elsewhere,
but excluding clerical and supervisory employees and employees who
have since January 31, 1940, quit or been discharged for cause, to
determine whether they desire to be represented for the purposes of
collective bargaining by-Independent Employees' Union, or by Steel
Workers Organizing Committee, Local No. 2166, or by neither.
MR. EDWIN S. SMITH took no part in the consideration of the
above Decision and Direction of Election.