The Baldwin Co.

National Labor Relations Board - Board Decisions

Feb 2, 1944

54 N.L.R.B. 1020 (N.L.R.B. 1944)

In the Matter of THE BALD DWIN COMPANY and BALDwIN EMri omms
ASSOCIATION
Case No. 9-R-1178.-Decided February 0, 1944
Frost rfi Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio,
for the Company.
Messrs. Joseph A. Roach and Lawrence G. Schroeder, of Cincinnati,
Ohio, for the Association.
Mr. Peter G. Noll, of Cincinnati, Ohio, for the UAW-AFL.
Messrs. Martin G. Finn and Jack Methard, of Cincinnati, Ohio, for
the UAW-CIO.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Baldwin Employees Association, herein
called the Association, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Baldwin
Company, Cincinnati, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before John W. Coddaire, Jr., Trial Examiner. Said hear-
ing was held at Cincinnati, Ohio, on December 10, 1943. The Com-
pany, the Association, International Union, United Automobile
Workers of America, A. F. of L., herein called the UAW-AFL, and
United Automobile, Aircraft and Agricultural Implement Workers
of America, C. I. O., herein called the UAW-CIO, 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 . At the hearing the UAW-CIO moved for dismissal of the
petition. For reasons appearing hereinafter the motion is hereby
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
54 N L. R. B, \ o. 150.
1020
THE BALDWIN COMPANY 1021
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Baldwin Company, an Ohio corporation having its principal
place of business at Cincinnati, Ohio, is engaged in the manufacture
of aircraft parts made of plywood. The chief raw material used by
the Company is plywood, of which more than 90 percent is obtained
from points outside the State of Ohio. The annual sales of the Com-
pany are in excess of one million dollars. Approximately 3 percent of
the finished products of the Company is shipped to points outside the
State of Ohio, and 97 percent is delivered to contractors, with whom
the Company holds subcontracts, located within the State of Ohio.
The Company is engaged entirely in war production. The Company
concedes for the purpose of this proceeding that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Baldwin Employees Association is an unaffiliated labor organization
admitting to membership employees of the Company.
International Union, United Automobile Workers of America is a
labor organization affiliated with the American Federation of Labor;
admitting to membership employees of the Company.
United Automobile, Aircraft and Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 19, 1942, the Association executed a contract with the Com-
pany which , by its terms , was effective until July 19, 1943, and there-
after until modified or amended by the parties thereto. On July 16,
1943, the Association notified the Company by letter that, as repre-
sentative of a majority of the Company's employees , it desired to
negotiate a new contract . The Company replied, by letter dated July
30, 1943, that several claims of representation had been made, and
referred the Association to the Board for Certification.
Statements of the Field Examiner, introduced in evidence, indicate
that the Association and the UAW-AFL each represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
1 The Field Examiner reported that the Association submitted 1,495 application for mem-
bership cards of which 556 appeared to contain the genuine original signatures of persons
whose names appeared on the Company's pay roll, containing 1,040 names . Five of the 556
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 parties agree that the unit comprises all production and main-
tenance employees of the Company, including group leaders, but ex-
cluding superintendents,, assistant superintendents, foremen, chief
inspector, assistant chief inspector, timekeepers, guards, watchmen,
truck drivers, office and clerical employees, and other supervisory em-
ployees. Dispute exists, however, concerning leadmen, dispatchers,
and inspectors. The Association seeks to include, and the UAW-AFL
to exclude, these disputed classifications. The Company would in-
clude the dispatchers and inspectors, but takes no position with respect
to the leadmen.
The Association has, since 1937, had a continuous series of contracts
with the Company, of which the most recent is that hereinbefore
mentioned, executed on July 19, 1942. The classifications here in dis-
pute have been represented by the Association, both in respect to these
collective bargaining agreements and in the handling of grievances.
The UAW-AFL contends, however, that the dispatchers and inspec-
tors are not production or maintenance employees such as to be ap-
propriately included within the unit, and that the leadmen are super-
visory employees such as we customarily, exclude.
The leadmen, of whom there are approximately 12 or 15, work with
groups of from 6 to 50 employees, and are responsible for getting
out production. They are experienced and skilled workmen who ob-
serve and assist the less experienced employees with whom they work.
They do a substantial amount of manual work themselves, and, sim-
ilarly to other production and maintenance employees, are paid on an
hourly basis, though at a somewhat higher rate, receive overtime pay,
and are on the factory pay roll.2 They do not have authority to hire
or discharge employees. It was stated, however, by a former leadman
cards were dated prior to 1937, 216 were dated in 1937 , 164 were dated from 1938 through
1942, and 171 were dated in 1943. In addition to the foregoing, 40 undated cards, and 10
containing printed signatures corresponded to names on said pay roll.
In a statement submitted subsequent to the hearing , pursuant to agreement of the parties,
the Field Examiner further reported that the UAW-AFL submitted 654 application and
authorization cards, 574 being dated from January through July 1943, 2 in September 1943,
and 78 undated , of which 198 appeared to bear the genuine original signatures of persons
whose names are on the Company's pay roll of August 15, 1943, within the unit claimed by
the petitioner to be appropriate.
It was agreed by the parties at the hearing that'subsequent thereto the UAW-CIO might
submit evidence of representation of employees within the production and maintenance
unit for the purpose of a check by the Board , and that a statement of the results of such
check might be made^for the record. No evidence of such representation , however, was
submitted by the UAW-CIO.
9 The Company maintains three pay rolls-of office, supervisory and factory employees,
respectively
THE BALDWIN COMPANY 1023
at the hearing that, as a leadman, he had recommended the transfer
of employees to other jobs. It appeared, however, that^these instances
did not involve a recommendation, but merely a report upon the quali-
fications or aptitude of employees assigned to his group, and that all
work assignments and transfers 'are solely at the instance and discre-
tion of the superintendent. The leadmen attend such meetings of
the supervisors as relate to production schedules, but other supervisors'
meetings are not attended by them. Inasmuch as the leadmen do not
appear to be supervisors within the meaning of our customary defini-
tion, we shall include them in the unit .8
There are eight or nine dispatchers under the direction of a super-
visor in the production control department, whose duties are to
coordinate the flow of materials to the various departments. Their
duties are those of the employee classification sometimes known as
"stock chasers." They are likewise hourly paid, are on the factory pay
roll, and have heretofore been bargained for as a part of the produc-
tion unit. We shall include the dispatchers 4
It is the duty of inspectors to examine incoming material and the
Company's product in all stages of production in order to maintain
its quality. Although they are under the separate supervision of a
chief and assistant chief inspector and are not engaged in manual
labor, they work in all departments of the plant in close proximity
with the production workers. They are also hourly paid, and their
department is carried as a division of the factory pay roll. In view
of their common interests with the production workers, we shall in-
clude the inspectors.5
We find that all production and maintenance employees of the
Company, including leadman, dispatchers, inspectors, and group
leaders, but excluding superintendents, assistant superintendents, fore-
men, chief inspector, assistant chief inspector, timekeepers, guards,
watchmen, truck drivers, office and clerical employees, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees or ef-
fectively 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 an election by secret ballot among the em-
' The group leaders, concerning whose inclusion the parties are in agreement are, sim.
ilarly to the leadmen, merely more skilled and experienced employees who work with a
small group of people on one operation or a closely related number of operations.
A See Matter of Aluminum Company of America, 44 N. L. R. B. 490.
5 See Matter of Westinghouse Electric ii Manufacturing Company, 45 N. L. R. B: 826.
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction e
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Baldwin Com-
pany, 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 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 election, to determine whether
they desire to be represented by Baldwin Employees Association, or
by International Union, United Automobile `Yorkers of America, af-
filiated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
6 Since the UAW-CIO, although afforded an opportunity has failed to submit any evidence
of interest by way of representation among the employees in the unit herein found appropri-
ate, we shall not place the name of the UAW-CIO on the ballot In the election hereinafter
directed.