The Champion Hardware Co.

National Labor Relations Board - Board Decisions

Jun 15, 1945

62 N.L.R.B. 434 (N.L.R.B. 1945)

In the Matter of THE CHAMPION HARDWARE COMPANY and UNITED
STEELWORKERS of AMERICA , C. I. 0.
Case No. 8-R-1806 -Decided June 15, 1945
Grossman, Carter, Hamilton"& Rosenntan, by Mr. Kenneth D. Carter,
of Cleveland, Ohio, for the Company.
Mr. Janes P Griffin, of Youngstown, Ohio, foi the U. S A.
Messrs. Fred Hair and Walter Barnes, of Cleveland. Ohio, for the U. E
Mr. Louis Cokin, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. I. 0.,,
herein called the U. S A , alleging that a question affecting commerce had
arisen concerning the representation of employees of The Champion Hard-
ware Company, Geneva, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Louis S Belkin, Trial Examiner. Said hearing was held
at Cleveland, Ohio, on May 15, 1945. At the commencement of the hearing,
the Trial Examiner granted a motion of United Electrical, Radio &
Machine Workers of America, C I. 0, herein called the U F. . to intervene.
The Company, the U S. A.. and the U. E appeared at and participated in
the hearing and all parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bearing
on the issues. At the close of the hearing, the Company moved to dismiss
the petition. The Trial Examiner reserved ruling thereon 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
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
62 N L. R B, No. 62
434
THE CFIAi\tP1ON HARDWARE COMPANY 435
FINDINGS OF FACT
I THE. BUSINESS OF TI-IB CO-IPANY
The Champion Hardware Company is an Ohio corporation operating
a plant at Geneva, Ohio, where it is engaged in the manufacture of shelf
and builders' hardware During the 6-month period preceding the date of
the hearing. the Company purchased raw niatenals valued at about $66.000.
a substantial portion of which was shipped to it from points outside the State
of Ohio During the same period the Company sold products valued at about
$237,000. over 50 percent of which was 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 QRGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company
United Electrical. Radio & Machine Workers of .\nnerica is a labor
organization affiliated Nvith the Congress of Industrial Organizations.
admitting to membership employees of the Company
111. THE QUESTION CONCERNING REPRESENTATION
On \-larch 23, 1945. the U S A requested the Company to recognize it
as exclusive collective bargaining representative of its employees The
Company refused this request until such time as the U S A is certified by
the Board
The Company contends that the petition should be dismissed because a
jurisdictional dispute exists iua,,inuch a' the U S _A and the U E. are both
affiliated with the same patent hod In the past we have, as a matter of
policy, refused to permit rival unions affiliated with the same parent organi-
zation to resort to the administrative processes of the Act for the settle-
ment of representation disputes where adequate and appropriate machinery
was available to them, under the procedure of the parent organization It II
apparent here, however, that effective solution of the existing dispute can-
not he had without resort to the administrative processes of the Act
A statement of a Field Examiner of the Board, inti oduced into evidence
at the hearing, indicate, that the U S A and the U I_: each represents a
substantial number of employees in the unit hereinafter found to he
appropriate.
WVe find that a question affecting commerce has arisen' concerning the
i The Field Examine, rcpoi ted that the U S A and the U E presented 41 and 38 author 'nation
cat us, ieyieetivelt, beating the mines of petsons who appear on the Coinpam's pat toll of April 4,
1945 There ate approximately 88 employees in the appropriate unit
436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all production
and maintenance employees of the Company, excluding clerical employees,
draftsmen, mechanical engineers, technical, and professional employees,
the production engineer and his assistants, foremen, and any other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of collec-
tive 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 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 Relations 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 representatives
for the purposes of collective bargaining with The Champion Hardware
Company, Geneva, 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 Eighth 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 imme-
diately 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 United Steelworkers of America, affiliated
with the Congress of Industrial Organizations, or by United Electrical,
Radio & Machine Workers of America. C. I. O., for the purposes of col-
lective bargaining, or by neither.