The Etna Machine Co.

National Labor Relations Board - Board Decisions

Mar 12, 1942

39 N.L.R.B. 733 (N.L.R.B. 1942)

In the Matter of THE ETNA MACHINE COMPANY and LOCAL 12, IN-
TERNATIONAL UNION UNITED AUTOMOBILE WORKERS, C. I. O.
Casey No. R-5.321.-Decided March 12, 1942
Jurisdiction : castings and machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question. dispute
as to appropriate unit ; conflicting claims of rival unions ; elections necessary.
Unit Appropriate for Collective Bargaining : determination of whetner (1) all
employees in the machine shop excluding supervisory and office employees,
and (2) all employees in the foundry excluding supervisory and office em-
ployees, shall constitute single or separate units, held dependent upon desires
of employees ; elections necessary to determine
Mr. Ramey Donovan, for the Board.
Fraser, Effler, Shumaker, and Winn by Mr. George R. Effler of
Toledo, Ohio, for the Company. '
Mr. Edward: Lantb and Mr. Walter Murphy-, of Toledo, Ohio, for
Local 12, U. A. W.
Mr. Tor Cedervall, Mr: Earl lS. Streeter, and Mr. Vincent J.
Chlopek, of Toledo, Ohio, for M. E. S. A.
Mr. Ralph Holbert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On January 2, 1942, Local 12, International Union, United Auto-
mobile Workers of America, affiliated with the C. I. 0., herein called
Local 12, U. A. W., filed with the Regional Director for the Eighth
Region (Cleveland, Ohio) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of The Etna Machine Company,' Toledo, Ohio, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On January 26, 1942, the
'At the hearing Local 12, U A W, moved that its petition be amended to include
`instead of to exclude watchmen and that the article "The" be prefixed to the name of the
Company Wherever it appeared in the petition. Both motions were granted by the Trial
Examiner in the absence of objection to either motion.
39 N. L. R. B., No. 139.
733
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3,' of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing on
due notice.
On January 28, 1942, the Regional Director issued a notice of
hearing, copies of which'were duly served upon the Company, Local
12, U. A: W., and Mechanics Educational Society of America, herein
called M. E. S. A.,2 a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to notice a
hearing was held on February 4, 1942, at' Toledo, Ohio, before E. G.
Smith, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. The Company and Local 12, U. A. W., were represented by
counsel ; M. E. S. A. was represented by its representatives, and all
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course- of the hearing
the_ Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.'
Upon the entire record in the case, the'Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Etna Machine Company is an Ohio corporation with its place
of business at Toledo, Ohio. The operations of the Company are
carried on in two separate buildings known as the foundry and the
machine shop. The foundry is engaged in the manufacture of cast-
ings which are used to make dies in the automotive industry. During
the fiscal year ending June 30, 1941, about 71/z percent of the products
made in the foundry were sent to the machine shop of the Company
for further processing. Products of the foundry not sent to the
machine shop were sold to jobbers. The principal raw materials used
in the foundry, gray iron and scrap, are purchased locally. Raw
materials valued at approximately $70,000 are annually used by the
foundry ; the rough castings produced by the foundry are valued
8 Notice of hearing was also served upon Local 974 , International Union, . United Auto-
mobile Workers of America , C. I 0 The charter of this organization had been revoked
by its parent body prior to the institution of these proceedings and no appearance was
entered at the hearing on its behalf. -
9 At one point during the hearing, Local 12, U A W., raised an objection to the partici-
pation of M. E . S. A in the proceeding . Inasmuch as M. E. S. A. was served with notice
of hearing and submitted to the Feld Examiner evidence of membership among employees
here involved there is no merit in the contention and it is hereby overruled
THE ETNA MACHINE COMPANY 735
at approximately $225,000 annually. The machine shop is engaged
principally in the manufacture of various machinery for working on
tubing, swedging machines, tube forming, and welding machines.
Iron castings as required in the machine shop are secured from the
foundry. The raw materials used in the machine shop consist mainly
of fabricated steel, steel sheets and bars. Raw materials valued at ap-
proximately $70,000 annually are used in the machine shop. About 40
percent of the raw materials are received from points outside the
State of Ohio. The finished products of the machine shop are valued
at approximately $225,000 annually; about 60 percent of these prod-
ucts are sold and shipped to points outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
Local 12, International Union, United Automobile Workers, affili-
ated with the C. I. 0., is a labor organization admitting to member-
ship employees of the Company.
Mechanics Educational Society of America, is an unaffiliated labor
organization, and its Locals 3 and 4 admit to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION-
Local 12, U. A. W., has sought to negotiate with the Company,
since the first part of September 1941, as the bargaining agent for
the employees in both the foundry and machine shop. The Company
has declined to bargain with Local 12, U. A. W., as the exclusive
representative of the employees in both shops on the ground that
the machine-shop employees had made known their desire not to be
included in a unit with the foundry employees. The Company ex-
pressed its willingness to\ Local 12, U. A. W., to bargain with it as
the representative of the foundry employees. Local 12, U. A. W.,
and the Company have been unable to agree on a bargaining unit.
M. E. S. A., in a letter to the Company on January 12, 1942, asserted
it represented a majority of the employees in the machine shop and
requested recognition as their exclusive bargaining agent.
From a report prepared by the Field Examiner and introduced
into evidence, it appears each of the labor organizations has been
designated by a substantial number of employees within the unit
claimed by each to be appropriate.'
f The Field Examiner ' ,; statement shows that the Company has 36 employees in the
foundry and 30 employees in the machine shop Local 12, U. A W, in support of its
claim to represent 55 employees in the alleged appropriate unit , submitted 35 ledger cards
to the Field Examiner covering 29 foundry and 6 machine -shop employees and 20 authoriza-
tion cards covering 2 foundry and 18 machine-shop employees The Field Examiner
reported that the signatures in the 20 authorization cards appear to be genuine and
original signatures M E S. A . submitted authorization cards for 18 employees in the
machine shop. The Field Examiner reported that the signatures appear to be genuine,
and original signatures . Sixteen of the 18 employees who signed authorization cards
for M E. S. A. also designated Local 12, U. A. W
448105-42-vol. 39-48
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen' concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection* with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Local 12, U. A. W., contends that all employees in the foundry and
machine shop of•the Company, excluding supervisory and office em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining. M. E. S. A. contends that all employees in the machine
shop, excluding clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining. The Company
makes no contention as to the appropriate unit.
The machine-shop employees and foundry employees ;work in
separate buildings located on the Company's property. The em-
ployees in each shop usually are engaged in work with which the
other group has little or no actual part or interest. Local 12, U. A. MT.,
has attempted to organize employees in the two shops in a single
unit. M. E. S. A. has limited its organization to employees of the
machine shop. No collective bargaining agreements have been con-
summated covering the employees in either the foundry or in ma-
chine shop. On the entire record, we believe that the machine shop
employees may properly be considered either as a separate unit or
as part of a single industrial unit. Where-the considerations are
evenly balanced, as here, we are of the opinion that the desires of
the employees themselves should be the determining factor.5
We shall hold an election among the machine-shop employees of
the Company to determine whether they wish to be represented by
Local 12, U. A. W., by M.' E. S. A., or by neither. We shall also
hold an election among the foundry employees to determine whether
or not they wish to be represented by Local 12, 'U. A. W. If the
machine-shop employees select a bargaining representative other
than the representative selected by the employees in the foundry they
will constitute a separate and distinct appropriate unit. If they
G See Matter of The Globe Machine , and Stamping Co. and Metal Polishers Union, Local
No 3, et al, 3 N . L. R. B 294 , and subsequent cases.
THE ETNA MACHINE COMPANY 737
choose the same representative as the employees in the foundry,
they will be merged into a single unit with such employees.
Both labor organizations desire to exclude from the appropriate
unit or units supervisory and office employees. In accordance with
our usual practice we shall exclude such employees from the two
voting units in which elections will be held. The labor organiza-
tions agree that the two watchmen should be included .13 We shall
therefore include the watchman listed on the foundry pay roll in the
voting unit of foundry employees and the watchman on the ma-
chine-shop pay roll in the voting unit of machine-shop employees.
We shall make no final determination of the appropriate unit or
units for the purposes of collective bargaining pending the outcome
of the elections hereinafter directed.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by elections by secret ballot, and we
shall direct such elections.
Local 12, U. A. W. requested that the pay-roll records of Sep-
tember 23, 1941, be used to determine eligibility to vote in the
elections. M. E. S. A. requested that the pay roll of January 10;
1942, be used to determine eligibility to vote in machine-shop elec-
tion. Inasmuch as there have been material changes in the number
and identity of employees on the pay roll of the Company since Sep-
tember 23, 1941, we shall follow our usual practice and shall direct
that those eligible to vote in the elections shall be those employed
by the Company during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the addi-
tions and limitations hereinafter set'forth in the Direction.7
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of The Etna Machine Company', Toledo, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act. ,
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
See supra, note 1.
° The record discloses that there has been a substantial reduction in employment in the,
foundry during the past few months Under the terms of our usual Direction, which we
adopt herein, employees, whose lay-offs are temporary, are eligible to vote.
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining, with The Etna Machine Company, Toledo, Ohio, elections
by secret ballot shall be conducted as soon 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 Rela-
tions Board, and subject to Article III, Section 9, or said Rules and
Regulations :
1. Among all employees in the machine shop of the Company who
n ere employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States,
or temporarily laid off, but excluding supervisory and office em-
ployees, and those employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Local 12, International Union, United Automobile Workers, C. I. 0.,
or by Locals 3 and 4, Mechanics Educational Society of America, for
the purposes of collective, bargaining, or by neither of said
organizations ; and
2. Among all employees in the foundry of the Company who were
employed during the- pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or tem-
porarily laid off, but excluding supervisory and office employees, and
those employees who have since quit or been discharged for cause
to determine whether or not they desire to be represented by.Local
12. International Union, United Automobile Workers, C. I. 0., for
the purposes of collective bargaining.