The B. A. Weschie Electric Co.

National Labor Relations Board - Board Decisions

May 24, 1945

61 N.L.R.B. 1420 (N.L.R.B. 1945)

In the Matter of THE B. A. yVESCHE ELECTRIC COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 9-B-1802 .-Decided May 24, 1945
Mr. Herman W. Santee, of Cincinnati, Ohio, for the Company.
Messrs. James 7'. Marsh and Waldo Stager, of Cincinnati, Ohio, 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 United Electrical, Radio & Machine
Workers of America, C. I. O., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The B. A. Wesche Electric Company, Cincinnati, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Herbert J.
Nester, Trial Examiner. Said hearing was held at Cincinnati, Ohio,
on April 26, 1945. The Company and the Union appeared, partici-
pated, 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
The B. A. Wesche Electric Company is an Ohio corporation op-
erating a plant at Cincinnati, Ohio, where it is engaged in the manu-
facture of electric motors and accessories therefor. The Company
purchases raw materials valued in excess of $175,000, annually, ap-
proximately 60 percent of which is shipped to it from points outside
61 N. L. R. B., No. 230.
1420
THE B. A. WESCHE ELECTRIC COMPANY 1421
the State of Ohio. During the same period the Company manufac-
tures products valued in excess of $800,000, approximately 75 percent
of which is shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 5, 1945, the Union requested the Company to recognize it
as exclusive collective bargaining representative of the Company's
employees. The Company refused this request until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
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 UNIT
The Union urges that all production and maintenance employees of
the Company, including subforemen,2 watchman,3 shipping clerk, and
shipping clerk's helper, but excluding clerical employees, professional
employees, draftsmen, expediter, general manager, plant manager,
floorladies, and foremen, constitute a unit appropriate for the pur-
poses of collective bargaining. The Company did not take any posi-
tion with respect to the unit. Evidence introduced at the hearing
indicates that the employees claimed by the Union constitute a well-
defined homogeneous group.
We find that all production and maintenance employees of the Com-
pany, including subforemeii, watchman, shipping clerk, and shipping
clerk's helper, but excluding clerical employees, professional em-
ployees, draftsmen, expediter, general manager, plant manager, fore-
men, floorladies, and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
The statement shows that the Union presented 76 application cards . There are approx-
imately 99 employees in the appropriate unit
2 The subforemen are not supervisory employees within the meaning of the Board's
definition of that term.
3 The watchman is neither armed, deputized , nor militarized.
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.1422 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. TIIE 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
Election herein, subject to the limitations and additions set forth in
the Direction.
The Union requests that it appear on the ballot as "U. E.-C. I. O."
The Company objects to this request on the ground that the em-
ployees involved will not "know exactly what they are voting for" un-
less the Union's name is carried on the ballot in full. We are of the
opinion-that the designation requested by the Union is neither mis-
leading nor ambiguous. Accordingly, we shall grant the Union's
request.
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 representa-
tives for the purposes of collective bargaining with The B. A. Wesche
Electric Company, Cincinnati, 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 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 the 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 elec-
tion, to determine whether or not' they desire to be represented by the
U. E.-C. I. O. for the purposes of collective bargaining.