The Cleveland Formgrader Co.

National Labor Relations Board - Board Decisions

Jul 31, 1946

69 N.L.R.B. 1073 (N.L.R.B. 1946)

In the Matter of THE CLEVELAND FORMGRADER COMPANY, EMPLOYER
and FORMGRADER INDEPENDENT UNION, PETITIONER
Case No. 8-R,0195.-Decided July 31, 1946
Mr. Lawrence M. Rich, of Cleveland, Ohio, for the Employer.
Mr. Morton B. Icove, of Cleveland, Ohio, for the Petitioner.
Mr. Herbert L. Wakeman, of Cleveland, Ohio, for the IAM.
Mr. Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cleve-
land, Ohio, on June 10, 1946, before Thomas E. Shroyer, Trial Exami-
ner. 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Cleveland Formgrader Company, an Ohio corporation, operates
a plant, at Cleveland, Ohio, where it is engaged in the manufacture of
road-building equipment. During a recent 6-month period, the Em-
ployer used at this plant more than $50,000 worth of raw materials, of
which amount approximately 50 percent represented shipments to its
plant from sources outside the State of Ohio. During the same period,
the sales of products manufactured at this plant totaled about $75,000,
of which amount approximately 50 percent represented shipments to
points outside the State.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
69 N. L. R. B., No. 127.
1073
701592-47-vol. 69 69
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization claiming to
represent employees of the Employer.'
International Association of Machinists, District No. 54, herein
called the IAM, is a labor organization claiming to represent employees
of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer , within the meaning of
Section 9 ( c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the. Employer at its Cleve-
land, Ohio, plant, excluding office employees and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Cleveland Formgrader Com-
pany, Cleveland, 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, Sec-
tions 10 and 11, of National Labor Relations Board Rules and Regu-
lations-Series 3, as amended, 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,
' At the hearing, the IAM questioned the status of the Petitioner as a labor organiza-
tion within the meaning of the Act. The record discloses that the Petitioner is an organi-
ration formed for the purpose of engaging in collective bargaining on behalf of employees
of the Employer regarding their hours , wages , and other conditions of employment.
Accordingly , we find that the Petitioner is a labor organization within the meaning of
Section 2 ( 5) of the Act. See Matter of Federal Shipbuilding and Drydock Company, 65
N. L. R. B . 410, and cases cited therein.
THE CLEVELAND FORMGRADER COMPANY 1075
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
eluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
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 Formgrader Independent
Union or by International Association of Machinists, District No. 54,
for the purposes of collective bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.