The Deming Co.

National Labor Relations Board - Board Decisions

Nov 25, 1944

59 N.L.R.B. 526 (N.L.R.B. 1944)

In the Matter of THE DEMING COMPANY and UNITED STEELWORKERS OF
AMERICA (C. I. 0.)
Case No. 8-B-1684.-Decided November 25, 1944
Herrington, Huxley c Smith by Messrs. R. D. Huxley and T. L.
Jackson, of Youngstown, Ohio, for the Company.
Mr. Verne Halsey, of Youngstown, Ohio, for the Union.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DECISION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. 1. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Deming Company, Salem, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Arthur Stark, Trial Examiner. Said hearing
was held at Salem, Ohio, on November 3, 1944. The Company and the .
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, aui Ohio corporation with its main offices and plant in
Salem, Ohio, and sales offices in New York City, is engaged in the
manufacture of pumps. During the last 6 months the Company pur-
chased raw materials, consisting principally of pig iron, pig copper,
babbitt, and steel outside the State of Ohio of an approximate value of
$30,000. The Company, during the same period, shipped finished
59 N. L.-R. B., No. 102
526
0
THE DEMING COMPANY 527
products outside the State of Ohio of an amount in excess of $1,500,000,
which is 90 percent of its total finished products.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. i
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organiiations, is a labor organization admitting to member-
ship employees of the Company.
e III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees
in the unit hereinafter found appropriate.'
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:
1V. THE APPROPRIATE 'UNIT
The parties agree generally, that a unit consisting Of all the pro-
duction and maintenance employees of the Company, including depart-
mental clerks, production clerks, and watchmen, but excluding office
employees, the superintendents, foremen, assistant foremen, and all
other supervisory employees would be appropriate. However, the
Company would exclude and the Union include the apprentices.
Apprentices : There are 11 apprentices employed by the Company.2
The Company always selects its apprentices from among its other em-
ployees. Their wages and working conditions are the same generally
as those of other production and maintenance employees except for the
fact that the apprentices have 4 hours of school on Saturdays. Almost
without exception, the apprentices, when they have finished their ap-
prenticeship, remain with the Company. They are then raised to
wages commensurate with their training and ability. We shall include
them in the unit.3
'The Field Examiner reported that the Union submitted 257 membership cards, that
the names of 208 persons appearing on the cards were listed on the Company's current pay
roll which contained the names of 614 employees, in the appropriate unit; and that the
cards were dated 240 between January and October 1944, and 17 were undated.
' These are 9 machinist, 1 foundw, and 1 sheet metal, apprentices
8 The fact that these apprentices have each signed a contract with the Company regard-
ing wages and hours, cannot be held to reflect the desires of such employees regarding
representation and does not, as contended by the Company, constitute a bar to collective bar-
gaining on their behalf Matter of The Gates Rubber Company and Denver Printing Press-
men and Assistants Union No i0, and Denver Typographical Union, No 49, 8 N L R B
803; Matter of J. I Case Co., 38 N L It. B 522.
618683-45-vol. 59-35
.528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the Com-
pany, including departmental clerks, production clerks, watchmen, and
apprentices, but excluding office employees, superintendents, foremen,
assistant foremen, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute 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-
ployees 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.
The Company maintains that all employees who have not been em-
ployed by the Company for 1 year are considered temporary. How-
ever, there is no probationary period established by the Company in
hiring new employees, and the working conditions and rates of pay
of those employed more than 1 year and those employed less than 1
year are identical. We shall not, therefore, exclude from eligibility
to vote employees who otherwise come within the unit found appro-
priate herein but who have been employed less than 1 year.
The Company further contends that because of the large number
of employees now serving in the armed forces, the election should not
be held until they return. We shall follow our usual rule allowing
those employees in the armed forces of the United States who present
themselves in person at the polls to vote.4
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Deming Com-
pany, Salem, 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
4 Matter of Mine Safety Appliance Co, 55 N. L. R. B. 1190.
THE DEMING COMPANY 529
10 and 11 , of said Rules and Regulations , among the employees in the
unit found appropriate in Section IV, above, who were employed dur-,
ing the pay -roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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 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 or not they desire to be represented by United Steelworkers
of America ; C. I. 0., for the purposes of collective bargaining.