Sinker-Davis Co.

National Labor Relations Board - Board Decisions

Oct 30, 1944

58 N.L.R.B. 1547 (N.L.R.B. 1944)

In the Matter of SINiKER -DAVIS COMPANY and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , DISTRICT 90, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. 9-R-1413.-Decided October 30, 1944
Mr. F. W. Patrick, of Indianapolis, Ind., for the Company.
Messrs. Carl C. Cederquist and D. J. Omer, of Cincinnati Ohio,,
Mr. William E. Layton, of Indianapolis, Ind., and Mr. Howard Tausch,,
of Cleveland, Ohio, for the Machinists.
Mr. R. V. Far°renkop f, of Hammond, Ind., for the Boilermakers.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma--
chinists, District 90, affiliated with the American Federation of Labor,
herein called the Machinists, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Sinker-
Davis Company, Indianapolis, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Louis Plost, Trial Examiner. Said hear-
ing was held at Indianapolis, Indiana, on July 10, 1944. The- Com-
pany and the Machinists appeared and participated. On September-
5, 1944, the Board ordered that the record be reopened and a further
hearing to be held to permit the International Brotherhood of Boiler--
makers, Iron Shipbuilders, and Helpers of America, affiliated with the
American Federation of Labor, herein called the Boilermakers, to in--
tervene.l Upon due notice an appropriate hearing on the reopened-
record was held before Louis S. Penfield, Trial Examiner, at Indian-
apolis, Indiana, on September 21, 1944. The Company, the Machin--
ists, and the Boilermakers appeared and participated. All parties,
were afforded full opportunity to be heard, to examine and cross-
I International Brotherhood of Blacksmiths , Drop Forgers and Helpers of America,-
affiliated with the American Federation of Labor, -,r as also served with notice of the hear-
ing on the reopened record, but did not appear.
58 N. L . R. B., No. 278.
1547
1548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiners' rulings made at the hearings 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
1. THE BUSINESS OF THE COMPANY
Sinker-Davis Company, an Indiana corporation with its principal
office and plant at Indianapolis, Indiana, is engaged in the manufac-
ture of sawmill and woodworking machinery and tank parts. In
addition to its manufacturing, the Company services machinery for
other firms. During 1943 the Company used raw materials amount-
ing in value to approximately $40,000, of which 10 percent was pur-
chased outside the State of Indiana. During the same period the
Company manufactured finished products amounting in value to ap-
proximately $450,000, of which 50 percent was shipped outside the
State of Indiana.
The Company admits that it is engaged in commerce within the
melning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District 90, and Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders, and Help-
ers of America, both affiliated with the American Federation of Labor,
are labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Machinists as the ex-
clusive bargaining representative of its employees.
A statement of a Board agent, introduced into evidence at the origi-
nal hearing, and a statement of the Trial Examiner made at the hear-
ing upon the reopened record, indicate that the Machinists and the
Boilermakers represent a substantial number of employees in the
units hereinafter found appropriate.2
2 The Field Examiner reported that the Machinists submitted 36 authorizations ; that
there are 47 employees in the unit requested ; and that the designations were dated as
follows • 2 in February 1944, 22 in March 1944 , 2 in April 1944, 7 in May 1944, and 3
undated.
The Trial Examiner at the hearing on the reopened record stated that the Boilermakers
submitted 5 application for membership cards , all of which appeared to bear genuine origi-
SINKER-DAVIS COMPANY 1549
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 UNITS
The Machinists requests a unit covering the employees in the Com-
pany's machine shop,3 and the Boilermakers requests a unit covering
the employees in the Company's boiler shop. The only disagree-
ment among the parties concerns the employees in the Company's
blacksmith shop, whom the Machinists would include in the unit it
requests and whom the,Boilermakers and the Company would include
in the unit requested by the Boilermakers.
In the operation of its business the Company maintains a machine
shop, a boiler shop, and a blacksmith shop. The machine shop and
the blacksmith shop are located in separate, adjoining buildings, and
the boiler shop is located about a half block away. The 3 shops are
under the separate supervision of foremen responsible to the president
of the -Company. They have separate time clocks, and there is no
interchange of work or employees among them. There are approxi-
mately 42 employees in the machine shop, 12 in the boiler shop, and 4
in the blacksmith shop.
From the above facts it appears that the employees of the machine
shop and of the boiler shop may properly constitute separate units.
In the absence of a request for a separate unit covering the blacksmith
shop, and since the Machinists is the only party who submitted evi-
dence of representation among the employees thereof, we shall include
the employees of the blacksmith shop in the unit requested by the
Machinists.
We find that all employees in the Company's machine shop and
blacksmith shop, excluding office clerical employees, foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
We find that all employees in the Company's boiler shop, excluding
office clerical employees, foremen, and all other supervisory employees
nal signatures , that the names of 4 persons appearing on the cards were listed on the
Company ' s pay roll of September 18, 1944, which contained the names of 12 persons in the
boiler shop ; that none of the names on the cards checked with the names of the pay roll of
the blacksmith shop which contained the names of 4 persons ; and that the cards were un-
dated The Trial Examiner also stated that the Machinists submitted 2 authorizations for
representation ; that the 2 cards bore the names of persons in the blacksmith shop listed on
the Company ' s pay roll of September 18, 1944; and that the cards were dated May 19, 1944
3 At the original hearing the Machinists requested a unit covering all of the Company's
employees.
609591-45-vol 58-103
1550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 col-
lective bargaining within the meaning 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 elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTIONS
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 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 Sinker-Davis
Company, Indianapolis, Indiana, elections 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 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 employees in the following units, 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, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action :
(1) All employees in the Company's machine shop and blacksmith
shop, excluding office clerical employees and foremen, to determine
whether or not they desire to be represented by International Associa-
tion of Machinists, District 90, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining;
(2) All employees in the Company's boiler shop, excluding office
clerical employees and foremen, to determine whether or not they de-
SINKER-DAVIS COMPANY 1551
sire to be represented by International Brotherhood of Boilermakers,
Iron Shipbuilders, and Helpers of America, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Elections.
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