Perma-Stain Co.

National Labor Relations Board - Board Decisions

Aug 23, 1944

57 N.L.R.B. 1510 (N.L.R.B. 1944)

In the Matter of PERMA-STAIN COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS 'OF AMERICA (AFL) ALMG. LOCAL-
#754
Case No. 8-R-1594.-Decided, August 23, 1944,
Mr. B. C. Boer, of Cleveland, Ohio, for the Company.
Mr. Tom Brennan„of, Cleveland, Ohio, for the Union.
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND,.
DIRECTION OF ELECTION
I
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile Workers of America (AFL) Almg. Local #754, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Perma-Stain Com-
pany, Cleveland, Ohio, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Thomas E. Shroyer, Trial Examiner. Said he5ring was held
at Cleveland, Ohio, on July 27, 1944. The Company and the Union ap-
peared and participated. All parties were afforded full- opportunity
to be heard, to examine and cross-examine witnesses, and to introduce'
evidence 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
Perma-Stain, Company is an Ohio corporation engaged in the manu-
facture of building specialties in Cleveland, Ohio. During the past
year, the Company purchased for use in its manufacturing process
raw materials valued in excess of a quarter of a million dollars, of
which more than 25 percent came from outside the State, of Ohio_
57 N L. R. B., No. 242.
1510
PERMA-STAIN COMPANY. 1511
During the sane period, its finished products exceeded a quarter off
a million dollars in value, of which approximately 10 percent was
shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Workers of 'America
Almg. Local #754, affiliated with the American Federation of Labor,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition, to the Union as
the exclusive bargaining representative of its employees' until the
Union has been certified by the Board in an.appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union 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
There is no substantial disagreement among the parties regarding
the appropriate unit. The Union requests' a unit comprised of all
the employees of the Company including the shipping clerk, stock
and receiving clerk, watchmen, and truck drivers, but excluding office
,and, clerical employees, foremen, assistant foremen, and all other
supervisory employees. The Company acquiesces in the unit except
that it contends that the 'assistant foremen should be included and
the watchmen excluded. ,
It appears from - the undisputed' testimony of the Company's gen-
eral manager that the Company regards its assistant foremen as super-
visory. Assistant foremen are kept informed of management policies
by their attendance' at supervisory meetings,, and, in the absence of'
their respective foremen, they exercise the foremen's authority and
power of discipline over the employees in their respective departments.
We shall exclude the assistant foremen' from the unit.
I The Field Examiner reported that the Union submitted authorization cards, 94 of which
bore apparently genuine oiiginai signatures ; that the names of 78 persons appearing on
the cards were listed on the Company 's pay roll which contained the names of 119 persons
in the appropriate unit ; and that 3 cards were dated June 1944 ; 2 were dated July 1944
and 73 were undated
1512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The watchmen are neither militarized' nor deputized, and are eligible
to membership in the Union. We shall include them in the unit.
We find that all the employees of the Company, including the.
shipping clerk, stock and receiving clerk, watchmen, and truck drivers,
but excluding office and clerical employees, foremen, assistant fore-
men,- and all other supervisory employees with authority to hire, pro-.
mote, discharge, discipline,.or otherwise effect changes in the status
of employees or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 ill the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, including the regular part-time employees, subject to the
limitations and -additions set f6'rth,iirthe 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 Rela-
tions Act, and pursuant to Article III, Section 9, of 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 Perma-Stain
Company, Cleveland, Ohio, an election by secret ballot shall be con-
ducted. 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
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 regular part-time employees and
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but-excluding those employees who have
2 The parties agreed, and we find, that regular part-tune employees shall be eligible to
vote at the election. I Y
PERMA-STAIN COMPANY 1513
since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether or
not they desire to be represented by International Union, United
Automobile Workers of America, (AFL) Almg. Local #754, for the
purposes of collective bargaining.
CHAIRMAN MI LIs took no part in the consideration of the above
Decision and Direction of Election.
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