The Crescent Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 15, 1942

42 N.L.R.B. 529 (N.L.R.B. 1942)

In the Matter of THE CRESCENT MANUFACTURING COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS, LOCAL 959,'C I 0
Case No R-3977 -Decided July 15,1942
Jurisdiction : surgical instrument and razor blade manufacturing industry
Investigation and Certification of Representatives : existence of question fail-
ure of Company to agree to a consent election, electron necessary
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding supervisory employees, stipulation as tn'
- Mr Harry S Bugbee, of Toledo, Ohio, for the Company.
Mr Edward Lamb, by Mr Lowell Goerlich, of Toledo, Ohio, and
Mr Louis Didisse and Mr Robert L Lorton, of Toledo, Ohio, and
Mr Harold Kolbe, of Fremont, Ohio, for the Union
Mr Stanley D Metzger, of counsel to the Board.
DECISION
AND
DIRECTION- OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Woikers, Local 959, C I 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Crescent
Manufacturing Company, Fremont, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
heaiing upon due notice -before J J Fitzpatrick, Trial Examiner.
Said hearing was held at Fremont, Ohio, on June 23, 1942 The
Company and the Union 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 Exami-
ner's rulings made at the healing are Tice from prejudicial errors and
are hereby affirmed r
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACTS
I TIIE BUSINESS OF THE COMPANY
The Crescent Manufacturing Company is an Ohio corporation with
its plant and place of business in Fremont, Ohio, where it is engaged
' The Trial Examiner reserved ruling on the Company ' s motion to dismiss the petition
filed herein The motion is hereby denied
42N L R B, No 108
472814--42-vol 42--j4 529
530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in manufacturing surgical instruments and razor blades. During
1941, the Company purchased raw materials, consisting of high car-
bon steels, valued at $100,000, of which 95 percent were shipped to the
Company from places outside the State of Ohio During the same
period, the Company sold finished products, valued at $400,000, of
which 98 percent `were shipped by the Company to places outside the
State of Ohio The Company admits that its business operations
affect commerce within the meaning of the Act.
II THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers, affiliated with the Congress of Industrial Or-
ganizations, is a labor organization admitting to membership em-
ployees of the Company
III THE QUESTION CONCERNING REPRESENTATION
On or about April 15, 1942, a union representative informed the
Company's manager that the Union represented a majority of the
Company's employees and that it desired to bargain with the Company.
The plant manager replied that he desired to discuss the matter with
his attorneys and the son of the president of the Company before
answering the request Subsequently, about the third week in May
1942, following a joint conference between, representatives of the
Union, the Company, and a Field Examiner of the Board, the Com-
pany failed to agree to a consent election
A statement of the Field Examiner, intioduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in the unit hei einafter found apps opriate 2
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 National Labor
Relations Act
IV TIIE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all pro-
duction and maintenance employees of the Company at its Fremont,
Ohio, plant, excluding supervisory employees, constitute a unit ap-
2 The Field Examiner repotted that the Union had submitted to him 43 authorization
cards, all of which were dated in 1942, and that all 43 cards contained the apparently
genuine signatures of persons hose names appe'.ied on the Compan3's pay ioll for the
period May 9 to 16, 1942 7heie ate appiolimatcl3 72 emplo3 ees m the appropu rte mut
THE CRESCENT MANUFACTURING COMPANY 531
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Company
desires that a current pay roll be usedto deteimine eligibility to vote;
The Union desires that a pay roll dated March 31, 19-12, or about
May 19, 1942, should be used to determine eligibility, but advanced no
persuasive reason in support of this request In accordance with our
usual practice we shall direct that the employees of -the Company
eligible to vote in the election shall be those 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 conditions 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives foi the purposes of collective bargaining with The Ciescent
Manufacturing Company, Fremont, 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 Diiector for the Eighth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Aiticle III, Section 9, of said Rules and Regulations,
among the employees in the unit fount appropriate in Section IV
above, who were employed at the Company's Fremont, Ohio, plant
during the pay-roll period immediately preceding the date of this
Direction, including any such employees who did not work during
said pay-roll period because they were ill or on vacation or in the
active military service or tiammg of the United States, or tem-
porarily laid off, but excluding employees who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by International Union, United Automobile, Air-
craft & Argicultuial Implement Workers, Local 959, C I. 0., for
the purposes of collective bargaining.
MR GER_iRD D RLILLY took no part in the consideration of the
above Decision and Direction of Election