Smith Brothers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 10, 1947

74 N.L.R.B. 34 (N.L.R.B. 1947)

In the Matter of SlIITII BROTHERS MANUFACTURING CO., EMPLOYER
and INTERNATIONAL ASSOCIATION OF MACHINISTS , PETITIONER
Case No. 8-R-05241.-Decided Jame 10, 1947
Mr. Kenneth B. Champ, of Filidlay, Ohio , for the Employer.
illr. Howard Tausch , of Cleveland ,. Ohio, for the Petitioner.
Mr. William Beall, of Findlay . Ohio, for the Intervenor.
Mr. Melvin J. Welles , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Findlay,,
Ohio, on April 29,1947, before Ramey Donovan, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirnmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS or FACT
I. THE BUSINESS OF THE EMPLOYER
Smith Brothers Manufacturing Co., an Ohio corporation, produces
metal nmachinery parts at its plant in Findlay, Ohio. Its annual pro-
duction is valued in excess of $500,000, of -which approximately 50
percent is shipped to points outside the State of Ohio. The principal
raw material used by the Employer is steel bars, of which approxi-
mately 25 percent is shipped to the Employer from points outside the
State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization, claiming to represent
employees of the Employer.
National Federated Independent Union, Local 22, hereincalled the
Intervenor, is a labor organization, claiming to represent employees
of the Employer.
74 N. L. R. B., No. 9.
34
SMITH BROTHERS MANUFACTURING CO. 35
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE AP PROPR.IATE UNIT
All parties agree, and we find, that all production and maintenance
einployees'of the Employer, excluding clerical employees, guards, and
all 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 bf Section
9 (b) of the Act.
DIRECTION OF ELECTION'
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Smith Brothers Manufacturing Co.,
Findlay, Ohio, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) clays 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 Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
among the employees in the unit found appropriate in Section IV,
above,7who were employed during the pay-roll period immediately pre-
ceding 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, to determine whether they desire to be represented by the
International Association of Machinists, or by National Federated
Independent Union, Local 22, for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
Any participant in the election heiein may, upon its prompt iegaest to and approval
thereof by the Regional Director, have its name removed from the ballot