The Seagrave Corp.

National Labor Relations Board - Board Decisions

Apr 2, 1942

40 N.L.R.B. 76 (N.L.R.B. 1942)

In the Matter of THE SEAGRAVE CORPORATION and INTERNATTONAL
ASSOCIATION OF MACHINISTS, A. F. OF L.
Case No. R-3591.-Decided April 20, 1942
Jurisdiction : fire equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : hourly paid production employees,
excluding office employees, plant-protection employees, supervisory employees
having right to hire or discharge ; metal-polishing department employees
excluded over Company's objection where they are eligible to membership
in another affiliate of same parent which had been negotiating on their behalf
and had presented a grievance in one instance that the Company had
settled.
Mr. Alba B. Martin and Mr. Benjamin E. Cook, for the Board.
Mr. Cornelius J. Petzhold, of Cincinnati, Ohio, and 111r. Ralph G.
Martin, of Columbus, Ohio, for the Company.
Mr. John G. Witte, of Washington, D. C., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I STATEMENT OF THE CASE
On February 3 and 24, 1942, respectively, International Associa-
tion of Machinists, A. F. of L., herein called the Union, filed with
the Regional Director for the Ninth Region (Cincinnati, Ohio) a
petition and an amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Seagrave Corporation,'Columbus, Ohio, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On February 24,' 1942, 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.
40 N. L . B. B., No. 12.
76
THE SEAGRAVE CORPORATION 77
On February 25, 1942, 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 March 2,
1942, at Columbus, Ohio, before Henry J. Kent, the Trial Examiner,
duly designated by the-Chief Trial Examiner. The Board, the Com-
pany, and the Union were represented and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During tho course,of the hearing the Company moved
to dismiss the petition on the ground that the Union failed to make'
a substantial representation showing. The Trial Examiner reserved
ruling thereon. The motion is hereby denied. 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 re-
viewed these rulings and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
On March 25, 1942, an attorney for the Board, the Company and
the Union entered into a Stipulation for Correction of Transcript.
The Stipulation is hereby approved and made a part of this
proceeding.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Seagrave Corporation is a Michigan corporation with its
principal office at Columbus, Ohio, where it is engaged in the manu-
factfire of motor fire equipment and supplies. Approximately 75
percent of all the raw materials used by the Company is shipped to
it from points outside the State of Ohio. During 1940, the Company
sold finished products in excess of $1,000,000, approximately 80 per-
cent of which was shipped to points outside the State of Ohio.
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 8, 1942, the Union submitted a proposed contract to
the Company and requested a conference for collective bargaining
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purposes. On January 12, 1942, the Company denied this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, shows that the Union represents a substantial
number of employees in the alleged appropriate 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.
V. THE APPROPRIATE UNIT
The Company and the Union agree generally that all hourly paid
production employees of the Company, excluding office employees,
plant-protection employees, and supervisory employees having the
right to hire or discharge, constitute an appropriate unit. The parties
are in disagreement only as to the employees in the metal-polishing
department. The Union urges that such employees be excluded from
the unit and the Company that they be-included.
It appears from the record that the Union does not admit to mem-
berhip employees in the metal-polishing department because they are
eligible for memberhip in another labor organization affiliated with
the American Federation of Labor, which has, since October 1941, been
negotiating with the Company on their behalf and that in at least'
one instance the Company settled a grievance presented by that organi-
zation. Under these circumstances, We shall exclude the employees
in the metal-polishing department from the unit.
We find that all hourly paid production employees of the Com-
pany, excluding office employees, plant-protection employees, super-
visory employees having the right to hire or discharge, and all em-
ployees in the metal-polishing department, constitute a unit appro-
priate for the purposes of collective bargaining and that such unit
"The Field Examiner reported that the Union presented 73 membership application cards
bearing the signatures of persons whose names appear on, the Company ' s pay roll of Febru-
ary 20 , 1942 There are approximately 310 employees in the alleged appropriate unit. The
Union has filed a charge alleging that the Company has engaged in unfair labor practices
within the meaning of Section 8 ( 1) of the Act , but has waived the effect of the alleged
unfair labor practices for the purpose of this proceeding.
THE SEAGRAVE CORPORATION 79
will insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise will
effectuate the' policies of the Act.
VI. THE DETERMINATION- OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. We shall
direct that the employees of the Company eligible to vote in the elec-
tion shall be those within the appropriate unit who were employed
during the pay-roll period inm ediately preceding the date of the
Direction of Election herein, subject to the limitations and additions
set forth in the Direction.
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 employees of The Seagrave Corporation, Columbus, Ohio,
'within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. All hourly paid production employees of the Company, excluding
office employees, plant-protection employees, supervisory employees
having the right to hire or discharge, and all employees in the metal-
polishing department, constitute a unit appropriate for the purposes
of, collective bargaining, within the meaning of Section 9 (b) of
the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Re'lation's 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 Rifles and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Seagrave Corporation, 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 matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
all hourly paid production employees of the Company who were em-
ployed during the pay-roll period immediately preceding the date of
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 office employees, plant-protection employees, super-
visory employees having the right to hire or discharge, all' employees
in the metal-polishing department, and employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by International Association of Machinists, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
Mn. Wrz. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
In the Matter of THE SEAGRAVE CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, A. F. OF L.
Case No. R-3591
CERTIFICATION OF REPRESENTATIVES
April 28, 1942
On April 2, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on April 16, 1942, under the direction and supervision of
the Regional Director for the Ninth Region (Cincinnati, Ohio).
On April 18, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued and duly served upon the
parties an Election Report on the ballot. No objections to the con-
duct of the ballot or the Election Report, have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------ 315
Total ballots cast---------------------------------------- 304
Total ballots challenged ----------------------------------- 0•
Total blank ballots--------------------------------------- 0
Total void ballots---------------------------------------- 2
Total valid votes counted--------------------------------- 302
Votes cast for International Association of Machinists, A. F.
of L ------------------------------------------------ 159
Votes cast against International Association of Machinists,
A. F. of L--------------------------------------------- 143
By virtue of and pursuant to the power vested i'n the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, 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 Association of Machinists,
affiliated with the American Federation of Labor, has been designated
140 N. L. R. B. 76.
40 N. L. R. B, No. 12a.
453771-42-vol. 40-6 81
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and-selected by a majority of all hourly paid production employees
of The Seagrave Corporation, Columbus, Ohio, excluding office em-
ployees, plant-protection employees, supervisory employees having
the right to hire or discharge. and all employees in the, metal-pol-
ishing department, as their representative for the purposes of col-
lective bargaining, and that, pursuant„to, Section 9 (a) of the Act,'
International Association of Machinists, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.