The American Brake Shoe & Foundry Co.

National Labor Relations Board - Board Decisions

May 19, 1942

41 N.L.R.B. 82 (N.L.R.B. 1942)

In the Matter of BRAKE SHOE & CASTINGS DIVISION OF THE AMERICAN
BRAKE SHOE & FOUNDRY COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, LOCAL No.-12 (C. I. 0.)
Case No. B-3760.-Decided May 19,1942
Jurisdiction : railroad brake shoe and castings manufacturing industry.
Investigation and Certification of Representatives : existence of question : parties
stipulated that Company refused to accord union recognition until certified
by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, at the Company's
Toledo, Ohio, plant, excluding office employees, clerks, and supervisory em-
ployees having the right to hire and discharge; stipulation as to; watchmen,
watchman-fireman, and maintenance men included over Company's objection.
Mr. J. A. Hogan, of Toledo, Ohio, for the Company.
Mr. Edward Lamb, Mr. Walter Murphy, and, Mr. • Edward Duck,
of Toledo, Ohio, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local #12 (C. I. 0.), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Brake Shoe & Castings Division of the American Brake
Shoe & Foundry Company,' Toledo, Ohio, herein called the Company,
the National Labor Relations Board. provided for an appropriate
hearing upon due notice before, George O'Brien, Trial Examiner.
Said hearing was held at Toledo, Ohio, on April 24, 1942. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
' The parties stipulated that all formal papers -be amended to provide for the -correct
name of the Company, as set forth in the text.
41 N. L. R. B., No. 18.
82
THE AMERICAN- BRAKE SHOE' & FOUNDRY COMPANY 83
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. •
' Upon the, entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Brake Shoe & Castings Division of the American Brake Shoe &
Foundry, Company, is a Delaware corporation, having'its principal
office in New York City. It operates approximately 57 plants
throughout the country. This proceeding concerns employees of the
Company at its Toledo, Ohio, plant, where the Company is engaged in
the manufacture of railroad brake shoes and castings. The Company
purchases, for use at the Toledo plant, raw materials valued at approx-
imately $250,000 annually, of which 10 percent is shipped to the plant
from points outside the State of Ohio. The plant manufactures fin-
ished products valued at approximately $1,000,000 annually, of which
about 25 percent is shipped to points outside the State of Ohio. The
Company admits that'it is-engaged in commerce in' commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft' & Agricultural
Implement Workers of America, Local No. 12 (C. I. 0.) is a labor
organization -admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
has arisen. The Union, requested the Company to recognize it as
the collective, bargaining, representative. The` Company, however,
refused to do so unless and until the Union is certified by the Board.
A report prepared by a Field Examiner of the Board, and intro-
duced in evidence at the hearing indicates that the Union represents
a substantial number of employees of the Company in the unit herein-
after found to be 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 Union had presented 50 ledger cards showing
dues paid between January and March 1942 , inclusive , and that 46 of the cards bear
the apparently genuine signatures of persons whose names are on the Company's pay
roll There are approximately 77 employees in the appropriate unit.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV.-THE APPROPRIATE UNIT '
The parties stipulated that all employees in the Company's Toledo
plant, excluding office employees, clerks, and supervisory employees
having the right to hire and discharge, constitute a unit appropriate
for the purposes of collective bargaining.
The parties are in disagreement concerning Grover Hefferline and
Charles Gehring, watchmen, Frank Rady, watchman-fireman, and
Herbert Lowberger and Harold Campbell, maintenance men. The
Union would include, the Company exclude, them.
The Union contends that these employees are'eligible to membership
in the Union, that their problems are the same , as those of other
employees in the plant, and that there has been a history of negotia-
tions in their behalf. The Company contends that they are not
production employees; that Heffcrline, Gehring, and Rady are at
times in full charge of the plant; that Lowberger and Campbell are,
more or less, watchmen over the machinery in the plant, and that all
these employees have a responsibility to the Company and should not
be bound by any obligations other than to the Company.
Edward Duck, representative of the Union, testified that the
Union has collective bargaining contracts with other,foundries in the
vicinity of the Company's plant Which cover watchmen, maintenance
men, and firemen. -
Hefferline and Gehring are designated full-time watchmen, and
Rady a watchman-fireman. These employees guard the plant, do
some firing of boilers .(boilers are mechanically fired), dispose of the
ashes in the boiler- room, and clean up the premises. All three are
paid on an hourly basis as are other employees. They have no special
training, are not deputized by the police, do not carry firearms, are
not bonded, make no confidential reports to the Company, do not
handle any money, have no supervisory powers, and are not licensed
firemen.
The duties of Lowberger and Campbell are to keep the equipment
of the plant in operating condition. They do no production work.
They are hourly paid, and have no supervisory powers.
The interests and problems of all five employees appear to be no
different from those of other employees of the Company, who, the
parties have agreed, are to be included in the bargaining unit. More-
over, there is no evidence that their duties place them in a confidential
or fiduciary relationship to the management,of the Company, or that
their inclusion in the unit would interfere with the discharge of such
duties.
Under all the circumstances, we are of the opinion that Hefferline,
Gehring, Rady, Lowberger, and Campbell should be included in
the unit.
THE AMERICAN BRAKE SHOE & FOUNDRY COMPANY 85
We find that all employees of the Company at its Toledo plant,
including Grover Hefferline, Charles Gehring, Frank Rady, Herbert
Lowberger, and Harold Campbell, but excluding office employees,
clerks, and supervisory employees having the right to hire and dis-
charge, 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 an election by secret ballot among the
employees in the appropriate unit who were employed during the
ray-roll period immediately preceding the date of our Direction of
Election herein, subject to the limitations and additions set forth
in said 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 Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Brake Shoe &
Castings Division of the American Brake Shoe & Foundry Company,
Toledo, Ohio, 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 Di-
rector for the Eighth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
9, 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 said pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off. but exclud-
ing employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Interna-
tional Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, Local #12 (C. I. 0.) for the purposes of
collective bargaining.
In the Matter of BRAKE SHOE & CASTINGS DIVISION OF THE AMERICAN
BRAKE SHOE & FOUNDRY COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, LOCAL #12 (C. I. 0.)
Case No. R-3760
CERTIFICATION OF REPRESENTATIVES
June 25, 1942
On May 19, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding.'.
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 9, 1942, under the direction and supervision of
the Regional Director for the Eighth Region, (Cleveland, Ohio. On
June 12, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued an Election Report, copies of
which were duly served upon the parties. No objections to the con-
duct of the ballot or to the Election Report were filed by any of the
parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list___________________________________ 78
Total ballots cast________________________________________ 77
Total ballots challenged ----------------------------------- 0
Total blank ballots_______________________________________ 0
Total void ballots________________________________________ I
Total valid votes counted________________________________ 76
Votes cast for International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, Local
#12 (C. I. O.) ------------------------------------------ 60
Votes cast against International Union, United Automobile,
Aircraft, & Agricultural Implement Workers of America,
Local #12 (C. I. 0.)------------------------------------- 16
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
1141 N. L. R. B. 82.
41 N. L. R. B., No. 18a.
86
BRAKE SHOE & CASTINGS DIVISION 87
9, of National Labor Relations Board Rules and Regulations- Series
2, as amended,
IT Is . HEREBY CERTIFIED that International Union, `United Automo
bile, Aircraft & Agricultural Implement Workers of America, Local
#12 (C. I. 0.) has been selected by a majority of all employees
of Brake Shoe & Castings, Division of The American Brake,Shoe &
Foundry Company, at its Toledo, Ohio, plant, including Grover Hef-
ferline, Charles Gehring, Frank Rady, Herbert Lowberger, and Har-
old Campbell, but excluding office employees, clerks, and supervisory
employees having the right to hire and discharge, as their representa-
tive for-the purposes of collective bargaining, and that, pursuant to
the provisions of Section 9 (a) of the National Labor Relations Act,
International Union, ,United Automobile, Aircraft & Agricultural
Implement Workers of America, Local #12 ((!. I. 0.) is the exclusive
representative of all such, employees for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of: employment.