Ranco, Inc.

National Labor Relations Board - Board Decisions

May 14, 1945

61 N.L.R.B. 1174 (N.L.R.B. 1945)

In the Matter of RANCO, INCORPORATED and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, A. F. OF L.
Case No. 9-B-1723.-Decided May 14, 1945
Messrs. Carl Taageman and A. M. Hoover, of Columbus, Ohio, for
the Company.
Mr. D. J. Omer, of Cincinnati, Ohio, and Mr. W. H. Winko, of
Indianapolis, Ind., for the A. F. of L.
Mr. Waldo Sneary, of Columbus, Ohio, for the C. I. O.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, A. F. of L., herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Ranco, Incorporated, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before James A. Shaw, Trial Examiner. Said hearing
was held at Columbus, Ohio, on March 27, 1945. At the commence-
ment of the hearing, the Trial Examiner granted a motion of
United Automobile, Aircraft and Agricultural Implement Workers of
America, C. I. 0., herein called the C. I. 0., to intervene. The Com-
pany, the C. I. 0., and the A. F. of L. appeared 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.
1 Ranco Employees Independent Union was served with Notice of Hearing but stated in a
letter by its attorney that it had no interest in the case.
61 N. L. R. B., No. 191.
1174
RANCO, INCORPORATED 1175
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ranco, Incorporated, an Ohio corporation with its principal office
and place of business in Columbus, Ohio, is engaged in the manufac-
ture and sale of aircraft instruments, binoculars, refrigeration con-
trol, and thermo switches. During the past year, the Company
purchased raw materials valued in excess of $500,000, of which about
60 to 70 percent came from points outside the State of Ohio. During
the same period, the Company also sold finished products valued in
excess of $1,000,000, of which approximately 60 to 70 percent was
shipped to points outside the State of Ohio. The Company is engaged
99 percent in war work and it employs about 2,000 persons.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
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 A. F. of L. as
the exclusive bargaining representative of certain of its employees
until the A. F. of L. 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 A. F. of L. represents a substantial number of
employees in the unit hereinafter found appropriate.2
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.
2 The Field Examiner reported that the A F. of L. submitted 26 authorization cards, that
the names of all persons appearing on the cards were listed on the company's pay roll of
February 2, 1945, which contained the names of 31 employees in the alleged appropriate
unit ; and that 25 of the cards were dated in January 1945 and 1 was undated.
He further reported that the C. I. 0. submitted nine authorization cards ; that the names
of six persons appearing on the cards were contained in the aforesaid pay roll ; and that all
six of the, cards were undated.
1176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The A. F. of L. and the Company agree that a unit comprised of all
tool and die makers, machine tool operators, and apprentices employed
in the Toolroom and all employees engaged in the Model or Experi-
mental Shop, excluding the foremen in both departments, and all other
employees, is appropriate. The C. I. O. contends, however, that only
a plant-wide unit is appropriate.
There are 31 employees in the Toolroom and Model Shop whom the
A. F. of L. seeks to represent. These employees possess a high degree
of skill, not required of production employees, each having served an
apprenticeship of at least 4 years. The Toolroom and the Model Shop
have their own foremen, are adjacent, and are partitioned off from the
rest of the plant. The employees sought by the A. F. of L. seldom work
outside their respective departments. No interchange of employees
occurs between the Toolroom and Model Shop, on one hand, and the
rest of the plant, on the other.
There is no history of collective bargaining in the Company's plant.
While the C. I. O. stated for the record that it intends to organize
employees throughout the entire plant, it has not actually done so. On
the other hand, the A. F. of L. has apparently effectively organized
employees of the Toolroom and Model Shop, a group which is skilled,
clearly identifiable, and homogeneous. Consequently, we are per-
suaded that the unit sought by the A. F. of L. is appropriate.
We find that all the Company's tool and die makers, machine tool
operators, and apprentices employed in the Toolroom and all its em-
ployees engaged in the Experimental or Model Shop, excluding all
other employees (including production and maintenance employees,
office employees, watchmen, guards, foremen of the Toolroom and
Experimental or Model Shop, and all 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The C. I. O. stated on the record that, in the event the Board found
the unit requested by the A. F. of L. to be appropriate, it did not wish
to participate in any election which might be directed among the
employees in such unit. Therefore, we shall not accord the C. I. O. a
place on the'ballot.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
RANCO, INCORPORATED 1177
period immediately preceding the date of the Direction of Election
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 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 repre-
sentatives for the purposes of collective bargaining with Ranco, Incor-
porated, Columbus, 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 Ninth 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 em-
ployees in the unit found appropriate in Section IV, above, who were
employed (luring 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 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, A. F. of L., for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.