The Ebco Manufacturing Co.

National Labor Relations Board - Board Decisions

May 5, 1945

61 N.L.R.B. 957 (N.L.R.B. 1945)

In the Matter of Louis BENUA AND A. R. BENUA, COPARTNERS, D/B/A
THE EBCO MANUFACTURING Co1IPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 9-R-17414.-Decided May 5, 1945
Messrs. Carl Tangeman and Louis Benua, of Columbus, Ohio, for the
Company.
Messrs. Paul Denman and Charles Casto, of Columbus, Ohio, for
the C. I. O.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the C. I. 0., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Louis Benua and A. R. Benua, copartners, d/b/a
The Ebco Manufacturing Company, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before James A. Shaw, Trial Examiner. Said hear-
ing was held at Columbus, Ohio, on March 26, 1945. The Company
and the C. I. O. appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. The parties were afforded an opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the follow-
ing :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Louis Benua and A. R. Benua, copartners, doing business as The
Ebco Manufacturing Company, is an Ohio partnership with its princi-
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958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pal place of business in Columbus, Ohio, wheie it is engaged in the
manufacture of water coolers. During the past 12 months, the Com-
pany purchased raw materials valued in excess of $500,000, approxi-
mately 75 percent of which came from points outside the State of
Ohio. In the same period, the Company's sales were in excess of
$1,000,000, approximately 80 percent of which went 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 ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of its employees
until the C. I. O. has been certified by the Board in an appropriate
unit.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial num-
ber 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.
IV. THE APPROPRIATE UNIT
Both the Company and the Union are in substantial agreement
that the appropriate -unit should include all production and mainte-
nance employees at the Company's Columbus, Ohio, plant, excluding
office and clerical employees, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action. However, the parties disagree as to the inclusion of group
leaders in the unit. The Company takes the position that such em-
ployees are not supervisory and should therefore be included; the
'The Regional Director reported that the C. I. O. submitted 117 authorization cards ;
that the names of 109 persons appearing on the cards were listed on the Company's pay
roll of February 28, 1945, which contained the names of 202 employees in the claimed
appropriate unit ; and the cards were dated July , August , September , October, and Decem-
ber 1944, and January, February , and March 1945,
THE EBCO MANUFACTURING COMPANY 959
Union contends that group leaders, who are also called assistant fore-
men, possess supervisory authority and should be excluded.
The record discloses that group leaders are in charge of minor de-
partments , and that each group leader has approximately eight men
under his supervision . Some of the group leaders work under reg-
ular foremen while others work directly under the plant superin-
tendent. Group leaders are empowered to issue warning notices
to the employees under their supervision for infractions of company
rules for safety personal conduct. The rules of the Company provide
that if an employee receives three such warnings he may be subject
to discharge. The evidence further shows that the Company con-
siders group leaders, or assistant foremen, as the "eyes" of the Com-
pany and the conduit through which the warning slips are delivered
from management to the employees who violate the rules of the
Company. We are of the opinion that group leaders are supeivisory
employees within the Board's customary definition ; we shall therefore
exclude them from the unit.
We find that all production and maintenance employees of the
Company at its Columbus , Ohio, plant , excluding office and clerical
employees, foremen , assistant foremen or group leaders , 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 , constitute 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.
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
DIREarED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Louis Benua and
A. R. Benua, copartners , doing business as The Ebco Manufacturing
Company, Columbus, Ohio, an election by secret ballot shall be con-
ducted as early as possible , but not later than thirty ( 30) days from
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of this Direction, under the direction and supervision of the
Regional Director for the Ninth 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 employ-
ees in the unit found appropriate under 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 election, to determine
whether or not they desire to be represented by United Electrical,
Radio & Machine Workers of America, C. I. 0., for the purposes of
collective bargaining.