61 N.L.R.B. 317 (N.L.R.B. 1945)

Purves Enameling Co.

National Labor Relations Board - Board DecisionsApr 4, 1945

61 N.L.R.B. 317 (N.L.R.B. 1945)

In the Matter of GEORGE T. PuRVES, JR., DOROTHA M. PIIRvEs, ROBERT D. ROBINSON , AND BLANCHE S. ROBINSON , D/B/A PURVES ENAMELING COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT No. 90, A. F. OF L. Case No.11-R-74.0.Decided April 4,1945 Messrs. Elmon M. Williams and Owen J. Neighbours, of Indian- apolis, Ind., for the Company. Mr. D. J. Omer, of Cincinnati, Ohio, and Messrs. William J. Payton and David M. Nelson, of Indianapolis, Ind., 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 International Association of Machinists, District No. 90, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of George T. Purves, Jr., Dorotha Purves, Robert D. Robinson, and Blanche S. Robinson, d/b/a Purves Enameling Com- pany, Indianapolis, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William O. Murdock, Trial Examiner. Said hearing was held at Indianapolis, Indiana, on February 15, 1945. The Com- pany 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded 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 Purves Enameling Company is a partnership engaged at Indian- apolis, Indiana, in the business of job painting. The Company paints, 61 N. L. R. B., No. 40. 639678-45-vol. 61-22 317 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD enamels, and dips parts manufactured by Radio Corporation of Amer- ica, Universal Metal Products Company, P. R. Mallory & Company, and Mid-West Company. All materials worked upon by the Company are delivered to it by the above-named companies and picked up by them after the work is completed. Substantially all of the parts worked upon by the Company for its above-named customers are used by the United States armed forces. During 1944, the Company pur- chased paint and equipment valued at $7,000, approximately 6 percent of which was shipped to it from points outside the State of Indiana. We find, contrary to the contentions of the Company, that its busi- ness affects commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Association of Machinists, District No. 90, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the 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.' 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 a stipulation of the parties, that all production and maintenance employees of the Company, excluding office and clerical employees, foremen, superintendents, and any other supervisory employees with authority to hire, promote, 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 meaning of Section 9 (b) of the Act. ' The Field Service Examiner reported that the Union submitted 7 authorization cards There are approximately eight employees in the appropriate unit. PURVES ENAMELING COMPANY 319 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 her subject to the limitations and additions set forth in the Direction. The 'record discloses that the Company employs three part-time employees who work from 12 to 14 hours per week performing regu- lar production and maintenance duties. We conclude that such per- sons are regular part-time employees and have a sufficient interest in the conditions of employment to entitle them to vote in the election. It appears also that the Company on, occasion requires the services of other part-time employees. However, the employment of such per- sons is intermittent. We conclude that part-time employees who work intermittently are not eligible to vote in the election. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National La- bor 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 representa- tives for the purposes of collective bargaining with George T. Purves, Jr., Dorotha M. Purves, Robert D. Robinson, and Blanche S. Robin- son, d/b/a Purves Enameling Company, Indianapolis, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Elev- enth 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, includ- ing employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who pre- sent themselves in person at the polls, but excluding any 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 or not they desire to be represented by International Association of Machinists, District No. 90, A. F. of L., for the purposes of collective bargaining.