The Newark Stove Co.

National Labor Relations Board - Board Decisions

Sep 6, 1946

70 N.L.R.B. 1232 (N.L.R.B. 1946)

In the Matter of THE NEWARK STOVE COMPANY, EMPLOYER and OFFICE
EMPLOYEES INTERNATIONAL UNION, LOCAL 173, A. F. OF L.,
PETITIONER
Case No. 8-R-2130.-Decided September 6, 1946
Messrs. W. J. Roney and J. D. Winters, of Newark, Ohio, for the
Employer.
Mr. R. M. Daugherty, of Toledo, Ohio, and Mr. Robert Baker, of
Newark, Ohio, for the Petitioner.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION'
Upon a petition duly filed, hearing in this case was held at Newark,
Ohio, on July 9, 1946, before George F. Hayes, Trial Examiner. The
Trial Examiner'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 Employer is an Ohio corporation with its office and plant lo-
cated at Newark, Ohio. During the past 12 months, the Employer
made purchases in excess of $100,000, approximately 60 percent of
which was shipped to its plant from points outside the State of
Ohio. During the same period, the Employer's finished products were
valued in excess of $1,000,000, approximately 80 percent of which
was shipped to points outside the State of Ohio.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner , Office Employees International Union, Local 173,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
70 N. L . R. B., No. 108.
1232 _
THE NEWARK STOVE COMPANY 1233
III. THE QUESTION CONCERNING REPRESENTATION'
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner. has been certified by the Board in an appropriate unit.
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
The Petitioner seeks a unit comprising all office and factory cleri-
cal employees, including guards, watchmen, the nurse, and the junior
time-study engineer, but excluding engineers, senior time-study en-
gineers, draftsmen, confidential secretaries, laboratory technicians,
home economist, and supervisory employees. While generally agree-
ing with the proposed unit, the Employer would also exclude the
nurse, the junior time-study engineer, the guards and watchmen.
Guards and watchmen: These employees perform the usual duties;
of such positions. Inasmuch as the nature of their work is substan-
tially different from those of clerical employees, we shall, in accord
with our usual practice, exclude the guards and watchmen from the
unit
Registered nurse: This employee is in charge of the first- aid room.
The problems and interests arising from the highly specialized charac-
ter of her duties are dissimilar to those of the other employees in the
proposed unit; we shall, therefore, exclude the nurse.2
Junior time-study engineer: This employee assists in the prepara-
tion of time studies and has duties substantially the same as the senior
time-study engineers whom the parties agreed to exclude. We are of
the opinion that the duties and interests of the junior time-study
engineer differ substantially from the other employees included in
the proposed unit. Accordingly, we shall exclude the junior time-
study engineer.3
We find that all office and factory clerical employees at the Em-
ployer's plant, Newark, Ohio, including the chief clerk, janitors, time-
keepers, the production clerk and cost clerks, but excluding the nurse,
the home economist, laboratory technicians, draftsmen, guards,
watchmen, engineers, senior and junior time-study engineers, con-
fidential secretaries,4.and all or any other supervisory employees with
I See Matter of Fansteel Metallurgical Corporation, 54 N. L. R. B. 438.
2 See Matter of Union Underwear Company, Inc., 63 N. L. R. B. 92, and cases cited
therein.
8 See Matter of Ford Motor Company, 66 N. L. R. B. 1317; Matter of Wagner Electric
Corporation, 67 N. L. R. B. 1104.
4 The parties agreed to the exclusion of secretaries to the president, vice president, pro-
duction manager, purchasing officer, and personnel manager.
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The' Newark Stove Company,
Newark, 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 Direc-
tor for the Eighth Region , acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of National Labor Relations Board Rules and Regulations-
Series 3, as amended, among the employees in the unit found appro-
priate in Section IV, above, who were einployed 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 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 Office Employees International Union, Local 173,
A F. of L., for the purposes of collective bargaining.
MR. JAMES J. REYNOLDS, Jim., took no part in the consideration of the
above- Decision and Direction of Election.