The Jaeger Machine Co.

National Labor Relations Board - Board Decisions

Jul 10, 1947

74 N.L.R.B. 476 (N.L.R.B. 1947)

In the Matter of THE JAEGER MAGI-[I E COMPANY, EMPLOYER and
INDEPENDENT UNION-LOCAL No. 550 OF CoLUMBIIS, OHIO,
PETITIONER
Case No. 9-R-2657.-Decided July 10, 1947
Messrs. George E. Landis, Howard Earnshaw, and Loren R. Luns-
f ord, of Columbus, Ohio, for the Employer.
Messrs. Gale R. King and TV. R. Jorgenson, of Columbus, Ohio, for
the Petitioner.
Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. Ernest Mitchell,
of Columbus, Ohio, for the Intervenor.
Mr. George M. 1 aghjian, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Columbus,
Ohio, on June 3, 1947, before Allen Sinsheimer, hearing officer. At
the hearing the Intervenor moved to dismiss the petition. For reasons
set forth in Section III, infra, the motion is denied., The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Jaeger Machine Company is an Ohio corporation with its only
plant located in Columbus, Ohio. The Employer is engaged in the
manufacture of various types of heavy construction machinery, such
as concrete mixers, compressors, and all types of general paving
machinery. During the year 1946, the Employer purchased raw ma-
terials, which consisted of gray iron castings, steel and forgings,
gasoline engines and transmissions, valued in excess of $1.000,000, of
74 N. L. R.B.,No 86.
476
THE JAEGER MACHINE COMPANY 477
which more than 50 percent was shipped to the Employer's plant from
points outside the State of Ohio. During the same period, the Em-
ployer manufactured finished products amounting in value to more
than $1,500,000, of which more than 75 percent was shipped to points
outside the State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization, claiming to rep-
resent employees of the Employer.
United Steelworkers of America, CIO, Local Union 3286, herein
called the Intervenor, is a labor organization affiliated with the Con-
gress of Industrial Organizations, claiming to represent employees
of the, Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On March 7, 1947, the Petitioner wrote to the Employer requesting
recognition as the exclusive bargaining representative of certain of
the Employer's employees- On March 11, 1947, the Employer replied,
declining to recognize the Petitioner unless the Petitioner was first
certified by the Board. On April 4, 1947, the Petitioner filed the
petition herein. On April 30, 1947, the Employer and the Intervenor
entered into a collective agreement.
The Intervenor contends that the petition should be dismissed be-
cause it was not filed within 10 days of the Petitioner's claim to
recognition. But the fact remains that the petition was filed before
the Employer and the Intervenor executed their contract of April
30, 1947. Thus, the petition was timely and there can be no bar
to a current determination of representatives.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all employees of the Employer, including group leaders, pattern
makers and pattern maker trainees and apprentices, storekeepers, tool
' Contractual relations had existed for some time between these parties, the last evidence
of which was an agreement terminating, as extended, on April 29, 1947, and not providing
for automatic renewal
2 Matter of Ste Genevieve Limed Quarry Company, 70 N. L R. B 1259.
478 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
crib attendants, shipping clerks, and receiver and stock selectors, but
excluding dispatchers, expeditors, receiving clerks general, record
clerks, stores clerks, time and stock record clerks, timekeepers, time-
study men, salaried and confidential employees, all other office and
clerical employees, nurses, guards, engineers, all production employees
in the foundry, the maintenance man on the foundry pay roll, fore-
men and assistant foremen, and all other supervisory employees, con-
stitute 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 employees
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 Employer employs probationers, who do not become regular
employees until they have completed a probationary period of 30 days'
employment and have been accepted as regular workers by the Em-
ployer. All parties agree that probationary employees should be in-
eligible to vote. In consonance with this understanding, no proba-
tioner shall be eligible to vote unless he has completed his 30-day
probationary period and been accepted as a regular employee by the
Employer during or before the pay-roll period immediately preceding
the date of the Direction of Election.
DIRECTION OF ELECTION 3
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Jaeger Machine Company,
Columbus, 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 Ninth Region, acting in this natter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay roll period im
mediately 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
3 Any pal ticipant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.
THE JAEGER MACHINE COMPANY 479
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 they desire
to be represented by Independent Union-Local 550 of Columbus,
Ohio, or by United Steelworkers of America, CIO, Local Union 3286,
for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
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