The Osgood Co.

National Labor Relations Board - Board Decisions

Oct 26, 1940

27 N.L.R.B. 1124 (N.L.R.B. 1940)

In the Matter of THE OSGOOD COMPANY (IRON FOUNDRY DIVISION) and
INTERNATIONAL MOLDERS UNION OF N . A. LOCAL #386 (A. F. OF L.)
Case No. R-2081.Decided October 26, 1940
Jurisdiction : excavating machinery manufacturing industry.
Investigation and -Certification of Representatives : existence of question: dis-
pute as to appropriate unit ; election unnecessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees paid on an hourly or piece-work basis, exclusive of inspectors, time-
keepers, foremen, and clerical employees.
Mr. Ben T. Wiant, of Marion, Ohio, for the Company.
Mr. William C. Webb, of Cincinnati, Ohio, for the Union.
Miss Mary Metlay, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 31, 1940, International Molders Union of N. A. Local
#386 (A. F. of L.), herein called the Union, filed with the Regional
Director for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the represen-
-tation of employees of The Osgood Company (Iron Foundry Divi-
sion), Marion, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant 'to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 9, 1940, the 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 upon due notice.
On September 11, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on October 4, 1940,
before Max W. Johnstone, the Trial Examiner duly designated by
the Board. The Company was represented by counsel, the Union by
27 N. L. R. B., No. 181.
1124
THE OSGOOD COMPANY 1125
its representative, and all participated in the hearing. Full opportu-
nity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY 1
The Company is an Ohio corporation with its principal place of
business at Marion, Ohio. It is engaged in manufacturing and sell-
ing power shovels, excavating machinery, and road rollers, and in
jobbing iron and steel castings. The Company's manufacturing
plant is located at Marion, Ohio, a branch sales office at Philadelphia,
Pennsylvania, and a warehouse and sales office at Ridgefield, New
Jersey. The Company ranks among the larger concerns in the
industry.
The Company owns no transportation facilities or sources of raw
materials. Between 50 and 75 per cent of its raw materials come
to the plant by rail and truck lines from points outside Ohio, notably
from Illinois, Wisconsin, Pennsylvania, and California.
Distributors and commission agents sell the Company's products
in several States, including California, New Mexico, Colorado, Mis-
souri, New York, Pennsylvania, Alabama, Georgia, Michigan, West
Virginia, Indiana, and Nebraska. Between 85 and 90 per cent of
its sales are made to customers outside the State of Ohio. The Com-
pany usually sends an instructor to deliver and put into operation a
machine that has been sold.
The products of the Company are used in a number of industries
including coal mining, contracting, highway'construction, and earth-
works. The Company admits that it is engaged in interstate
commerce.
H. THE ORGANIZATION INVOLVED
International Molders Union of N. A. Local #386 (A. F. of L.)
is a labor organization which admits to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 15, 1940, the Union requested the Company
to recognize it as the exclusive representative of all the Company's
1 The parties stipulated at the hearing that the Board may refer to and use all of the
facts relative to the interstate commerce operations of the Company contained in Matter
of The Osgood Company and International Association of Machtinists , 4 N L. R B 312,
a prior case involving the Company . The findings in this section are based upon the findings
made by the Board in that case.
1126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employes in a unit which it alleged to be appropriate for the pur-
poses of collective bargaining. The Company refused to recognize
the Union because of a dispute concerning- the exclusion of certain
classifications of employees from such unit. 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.
N. THE APPROPRIATE UNIT
Although previously in disagreement the parties stipulated at the
hearing that all production and maintenance employees of'the Iron
Foundry Division of the Company who are paid on an hourly or
piece-work basis, exclusive of inspectors, timekeepers, foremen, and
clerical employees constitute a unit appropriate for the purposes of
collective bargaining.
We find that all production and maintenance employees paid on an
hourly or piece-work basis, exclusive of inspectors, timekeepers, fore-
men, and clerical employees constitute a unit appropriate for the
purposes of collective bargaining, and that said unit will insure to
the employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act. . ,
VI. THE DETERMINATION OF REPRESENTATIVES
The Company employs approximately 50 employees in the appro-
priate unit. The Union submitted to a Field Examiner for the Board
its membership roster and dues record containing 43 names of paid-
up members of the Union, all of whom are employees of the Company
in the appropriate unit, and one application for membership. The
parties stipulated at the hearing that approximately 44 employees in
the appropriate unit are members of the Union. The parties further
stipulated at' the hearing that the Board may certify the Union as
the exclusive bargaining representative of all the employees of the
Company in the appropriate unit upon the basis of the record in
the case.
THE OSGOOD COMPANY 1127
We find that the Union has been designated and selected by a
,majority of the employees in the appropriate unit as their represent-
ative for the purposes of collective bargaining . The Union is there-
fore the exclusive representative of all the employees in such unit
for the purpose of collective bargaining , and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of The Osgood Company (Iron Foundry
Division ), Marion, Ohio, within the meaning of Section 9 (c) and
Section 2 ( 6) and (7) of the National Labor Relations Act.
2. All production and'maintenance employees of the Company paid-
on an hourly or piece-work basis, exclusive of inspectors , timekeepers,
foremen, and clerical employees , constitute a unit appropriate for
the purposes of collective bargaining , within the meaning of Section
9 (b) of the National Labor Relations Act.
3. International Molders Union of N. A. Local #386 (A . F. of L.)
is the exclusive representative of all employees in such unit for the
purposes of collective bargaining within the meaning of Section 9
( c) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant" to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections (8) and (9) of
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that International Molders Union of N. A.
Local #386 (A . F. of L .) has been designated and selected by a
majority of the production and maintenance employees paid `on an
hourly or piece -work basis of The Osgood Company ( Iron Foundry
,Division), Marion, Ohio, exclusive of inspectors , timekeepers, fore-
men, and clerical employees , as their representative for the purposes
of collective bargaining , and that pursuant to Section 9 (a) of the
National Labor Relations Act, International Molders Union of N. A.
Local #386 (A. F. of L.) is the exclusive representative of all such
employees for the purpose of collective bargaining in respect to rates
of pay, wages , hours of employment , and other conditions of
employment.