Sneath Glass Co.

National Labor Relations Board - Board Decisions

Nov 25, 1944

59 N.L.R.B. 523 (N.L.R.B. 1944)

In the Matter of SNEATH GLASS COMPANY and AMERICAN FLINT GLASS
WORKERS UNION OF NORTH AMERICA , A. F.- OF L.
Case No. 9-B-1641.-Decided November 25, 1944
Mr. Carl Wilde, of Indianapolis, Ind., and Messrs A. C. Crimmael
and H. H. Crimmael, of Hartford City, Ind., for the Company.
Messrs. Harry F. Burgess and Alvin Barrett, of Hartford City,
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 American Flint Glass Workers Union
of North America, A. F. of L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Sneath Glass Company, Hartford City, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William
R. Cameron, Trial Examiner. Said hearing was held at Hartford
City, Indiana, on November 2, 1944. The Company 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
1. THE BUSINESS OF THE COMPANY
Sneath Glass Company is an Indiana corporation with its principal
place of business at Hartford City, Indiana, where it is engaged in
the manufacture of glass containers and other glass products. The
Company purchases raw materials valued in excess of $150,000 annu-
59 N. L. R. B., No. 101.
523
524. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ally, about 70 percent of which is shipped to it from points outside the
State of Indiana. During the same period the Company sells prod-
ucts valued in excess of $100,000, 75 percent of which is shipped to
points outside the State of Indiana.
The Company admits that it is engaged in commerce within the_
meaning of the National Labor Relations Board.
H. THE ORGANIZATION INVOLVED
American Flint Glass Workers Union of North America 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 effecting 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 substantial accord with a stipulation of the parties,
that all production and maintenance employees of the Company in-
cluding timekeepers, but excluding office and office clerical employees,
the superintendent, foremen, assistant foremen, and all other super-
visory employees with authority to hire, promote, discharge, dis-
cipline 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.
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
1 The Field Examiner reported that the Union presented 152 authorization cards. There
are 190 persons in the appropriate unit. i
SNEATH GLASS COMPANY 525
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
DIRECTE'n that, as part of the investigation to ascertain repre-,
sentatives for the purposes of collective, bargaining with Sneath Glass
Company, Hartford City, Indiana, an election 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 unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during such 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
American Flint Glass Workers of North America, affiliated with the
American' Federation of Labor, for the purposes of collective
bargaining.
I