The Perry-Fay Co.

National Labor Relations Board - Board Decisions

Dec 16, 1937

4 N.L.R.B. 579 (N.L.R.B. 1937)

In the Matter of THE PERRY-FAY COMPANY and LODGE 1282, INTER-
NATIONAL ASSOCIATION OF MACHINISTS
Case No. R-393.-Decided December 16, 1937
Screw Manufacturing Company-Investigation of Representatives : contro-
versy concerning representation of employees : refusal by employer to recognize
petitioning union as exclusive representative -Unit Appropriate for Collective
Bargaining : production and maintenance employees-Election Ordered-Certifi-
cation of Representatives
Mr. Harry L. Lodish and Mr. Peter Di Leone, for the Board.
Mr. Glen 0. Smith, of Cleveland, 0., and Mr. King Fauver, of
Elyria, 0., for the Company.
Mr. Harry Selekman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 21, 1937, International Association of Machinists,
Lodge 1282, 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 representation
of employees of The Perry-Fay Company, Elyria, 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 October 4,
1937, 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
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On November 10, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to this notice, a hearing was held on
November 22, 1937, at Elyria, Ohio, before Paul K. Hennessy, the
Trial Examiner duly designated by the Board. The Board and the
Company were represented by counsel. Full opportunity to be heard,
579
580 NATIONAL LABOR RELATIONS BOARD
to examine and to 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 objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and find's that no prej-
udicial 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 Company is a corporation organized under the laws of the
State of Ohio. It manufactures screw machine products, made by
special order to the customer's specifications, and no further service is
rendered to the customer after the product is sold. All its plants,
dealers and warehouses are located in Elyria, Ohio.
The principal raw material used is cold rolled steel, approximately
60 per cent of which comes equally from New York and Pennsyl-
vania. The volume of finished products shipped outside of Ohio
is approximately 60 per cent.
Purchases of materials during 1936 amounted to approximately
$800,000. The total volume of sales for the same period was approx-
imately $1,250,000.00.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge No. 1282, is a
labor organization chartered by the American Federation of Labor,
admitting to its membership all production and maintenance em-
ployees of the Company, excluding clerical and supervisory em
ployees.
III. THE QUESTION CONCERNING REPRESENTATION
The recording secretary of the Union testified that of the 350
employees of the Company, 202 had signed cards authorizing the
Union to act as their agent for collective bargaining purposes.
On July 16, 1937, representatives from the Union met with officers
of the Company and requested that the Company sign an agree-
ment submitted by the Union 1 and recognize it as the exclusive
bargaining agency. Action on this request was postponed until
August 13, 1937, when the President of the Company gave to the
committee a statement of the policy of the Company which denied
to the Union recognition as the exclusive representative of its em-
1 Board's Exhibit No. 2.
DECISIONS AND ORDERS 581
ployees for collective bargaining purposes.2 This declaration of pol-
icy was mailed to all employees of the Company.
We find, therefore, that a question has arisen concerning repre-
sentation 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
The Union in its petition for an investigation and certification
seeks to represent the production and maintenance employees, ex-
cluding clerical and supervisory workers. The Company raised no
objection to this unit.
We find that the production and maintenance employees of the
Company, excluding clerical and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to 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 REPRESENTATION
We find that the question which has arisen concerning the repre-
sentation of employees can best be resolved by the holding of an
election by secret ballot to determine whether the employees wish
the Union to represent them. Those employees in the appropriate
unit who were on the pay roll of the Company during the pay-roll
period next preceding the filing of the petition in this case shall
be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board make the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Perry-Fay Company, Elyria, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2 Board's Exhibit No. 4.
582 NATIONAL LABOR RELATIONS BOARD
2. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a'.unit ,ap-
propriate for the purpose of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
with The Perry-Fay Company, Elyria, Ohio, an election by secret
ballot shall be conducted within 10 days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Eighth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said.
Rules and Regulations-Series 1, as amended, among the produc-
tion and maintenance employees of The Perry-Fay Company, who
were employed by the Company during the pay-roll period immedi-
ately preceding September 21, 1937, excluding clerical and super-
visory employees and those who quit or were discharged for cause
between such date and the date of election, to determine whether they
desire to be represented by Lodge 1282, International Association of
Machinists, for the purposes of collective bargaining.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
December 23, 1937
On December 16, 1937, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above entitled proceeding, the election to be held within ten (10) days
from the date of the Direction, under the direction and supervision
of the Regional Director for the Eighth Region, (Cleveland, Ohio).
The Board, having been advised by said Regional Director that a
longer period within which to hold the election is necessary, hereby
amends the Direction of Election issued on December 16, 1937, by
striking therefrom the words "within 10 days from the date of this
Direction" and substituting therefor the words "within forty (40)
days from the date of this Direction".
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Direction of Election.
DECISIONS AND ORDERS 583
SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 26, 1938
On September 21, 1937, International Association of Machinists,
Lodge 1282, 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 representation
of employees of The Perry-Fay Company, Elyria, Ohio, herein called
the Company , and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. Pursuant to notice
duly served upon the Company and upon the Union , a hearing was
held at Elyria, Ohio, on November 22, 1937, before Paul K. Hen-
nessy, the Trial Examiner duly designated by the National Labor
Relations Board, herein called the Board.
On December 16, 1937, the Board issued a Decision and Direction
of Election. The Direction of Election provided that an election by
secret ballot be held within ten (10 ) days from the date of the
Direction among the production and maintenance employees who
were employed by the Company during the pay-roll period immedi-
ately preceding September 17, 1937, excluding clerical and supervi-
sory employees and those who quit or were discharged for cause be-
tween such date and the date of election, to deterinine whether or not
they desired to be represented by the Union for the purposes of coo-
lcctive bargaining . On December 23, 1937, the Board issued an
Amendment to the. Direction of Election, which struck from the
Direction the words "within 10 days from the date of this Direction"
and substituted therefor the words "within forty (40) days from
the date of this Direction."
Pursuant to the Direction , as amended, an election by secret ballot
was conducted on January 13, 1938. Full opportunity was accorded
to all of the parties to this investigation to participate in the conduct
of the secret ballot and to make challenges. Thereafter the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended , issued
and duly served upon the parties to the proceeding his Intermediate
Report on the ballot. No exceptions to the Intermediate Report
have been filed by any of the parties.
As to the balloting and its results the Regional Director reported
as follows :
Total number of employees eligible__________________________ 332
Total number of ballots counted____________________________ 244
Total number of votes for International Association of Ma-
chinists, Lodge 1282______________________________________ 150
67573-38-vol iv--38
584 NATIONAL LABOR RELATIONS BOARD
Total number of votes against International Association of
Machinists, Lodge 1282___________________________________ 88
Total number of blank ballots_______________________________ 3
Total number of void ballots________________________________ 1
Total number of challenged ballots__________________________ 2
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS hEREBY CERTIFIED that International Association of Machinists,
Lodge 1282, has been designated and selected by a majority of the
production and maintenance employees of The Perry-Fay Company,
Elyria, Ohio, excluding clerical and supervisory employees, as their
representative for the purposes of collective bargaining, and that,0
pursuant to Section 9 (a) of the National Labor Relations Act, In-
ternational Association of Machinists, Lodge 1282, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
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