The Coe Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 26, 1944

54 N.L.R.B. 871 (N.L.R.B. 1944)

In the Matter of THE COE MANUFACTURING COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. 8-R-1300.-Decided January 26,1944
Mr. Glen 0. Smith, of Cleveland, Ohio, for the Company.
Messrs. Stanley Delinger, of Akron, Ohio, John Hewitt, of Fairport
Harbor, Ohio, and McElroy Trout, of Cleveland, Ohio, for District 50.
Messrs. D. C. Brown and W. H. Winko, of Akron, Ohio, for the
I. A. M. ,
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Coe Manufacturing Company, Painesville, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Louis Plost, Trial Exam-
iner. Said hearing was held at Cleveland, Ohio, on December 14,
1943. The Company, District 50, and Local No. 1337, International
Association of Machinists, affiliated with the A. F. of L., herein called
the I. A. M. appeared, participated 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
I. THE BUSINESS OF THE COMPANY
The Coe Manufacturing Company, is an Ohio corporation having
its principal place of business and office at Painesville, Ohio, and is
engaged in the manufacture and distribution of woodworking ma-
54 N. L. R. B., No. 131.
871
1
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chinery. At the present time the company is also engaged in the
manufacture of steam trips and gun mounts for the United States
Navy Department. During the year 1942, the Company purchased
approximately $500,000 worth of raw materials for use in its Paines-
ville plant, 50 percent of which originated at points outside the State
of Ohio. During the same period, the Company sold products
manufactured at its Painesville plant valued at approximately $1,-
000,000, approximately 90 percent of 'which was shipped 'to points
outside the State of Ohio. The Company admits that it is engaged
in commerce within the meaning the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, and Local No. 1337,
International Association of Machinists, affiliated with the American
Federation of Labor, are labor organizations admitting to member-
ship employees of the Company. .
III. THE QUESTION CONCERNING REPRESENTATION
On June 25, 1941, following the Company's recognition of the
I. A. M. as the bargaining representative of the Company's employees,
the Company and the I. A. M. entered into a collective bargaining
contract effective for a term of 1 year and to continue thereafter
unless written notice to terminate be given by either party 30 days
prior to the yearly expiration date. The contract also contained a
clause permitting the readjustment of wage rates upon the expiration
of 6 months.' On June 5, 1942, the parties entered into a new con-
tract, incorporating therein substantially all of the terms of the old
contract, including the 30-day renewal clause, modifying the wage
rates, and extending the expiration date thereof to December 31, 1943.
On September 25, 1943, the parties again entered into a new contract,
incorporating, with certain changes, the terms of the contract of
June 5, 1942, modifying the wage rates subject to the approval of
the War Labor Board, and extending the expiration thereof to
December 31, 1944.
On September 27, 1943, District 50 notified the Company that it
represented a majority of the Company's employees and requested
recognition for the purposes of collective bargaining. On September
30, 1943, the Company notified District 50 that it had a collective
bargaining contract with the I. A. M. and, for that reason, such re-
quest could not be granted.
i On November 21, 1941, a wage adjustment was agreed upon to be effective to June 25,
1942 , the expiration date of the contract.
THE COE MANUFACTURING COMPANY 873
The Company and the I. A. M. contend that the contract of Septem-
ber 25, 1943, which superseded the contract of June 5, 1942, con-
stitutes a bar to a determination of representatives. We iterate,
however, our previously expressed opinion that the premature ex-
tension of a contract of reasonable duration should not operate as a
bar to a claim of representation made prior to the expiration date
of the extended contract. Stabilized labor relations require that such
contracts be permitted to remain in effect until the termination date
fixed therein, since to accelerate the expiration thereof by premature
renewal or modification would require a like acceleration of organiz-
ing activities on the part of employees desiring a change in repre-
sentation, thus fostering a state of dissatisfaction and unrest during
the term of an existing contract.' Accordingly, we find that the re-
newal contract of September 25, 1943, does not constitute a bar to a
present determination of representatives.
Statements of the Regional Director and Trial Examiner intro-
duced into evidence at the hearing, indicate that District 50 and the
I.A.M. each represents a substantial number of employees in the unit
hereinafter found to be appropriate. 3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees in the Company's plant at
Painesville, Ohio, excluding all clerical and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the 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. 4
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-
ployees in the appropriate unit who were employed during the pay-
2 See Matter of Men"/us Furniture Mfg. Co., 51 N. L R. B 1447.
3 The Regional Director 's statement shows that District 50 submitted 21 authorization
cards , all of which bear apparently genuine signatures , and 40 of which bear names of
persons whose names are listed on the Company's pay roll of November 4, 1943 ; there
are 88 employees in the appropriate unit. The I A. M submitted 56 authorization cards
to the Trial Examiner, dated in April, 48 in November , and 7 in December, 1943. The
Trial Examiner, however , did not check these cards against the Company ' s pay roll.
4 The unit is substantially the same as the one covered by the contract.
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with The Coe Manu-
facturing Company, Painesville, 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 super-
vision of the Regional Director for the Eighth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 elec-
tion, to determine whether they desire to be represented by District
50, United Mine Workers of America, or by Local No. 1337, Inter-
national Association of Machinists, affiliated with A. F. of L., for the
purposes of collective bargaining, or by neither.