The Thompson Grinder Co.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1222 (N.L.R.B. 1945)

In the Matter of THE THOMPSON GRINDER COMPANY and UNITED-,
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, UAW-CIO
Case No. 9-R-1619.-Decided March 16, 1945
Mr. Arthur J. Todd, of Springfield, Ohio, and Mr. A. H. Eyler,' of
Columbus, Ohio, for the Company.
Messrs. Austin L. Patton and Robert W. Smith, both of Springfield,.
Ohio, for the UAW-CIO.
Mr. Frank C. Lytle, of Springfield, Ohio, for the Association.
Mr. Louis Monas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Automobile, Aircraft and.
Agricultural Implement Workers of America, UAW-CIO, herein
called the UAW-CIO, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Thomp-
son Grinder Company, Springfield, Ohio, herein called the Company,
the National Labor Relations Board provided for appropriate hear-
ings upon due notice before Herbert J. Nester, Trial Examiner. Said
hearings were held at Springfield, Ohio, on January 5, 1945, and Feb-. kn
ruary 23, 1945. The' Company, the UAW-CIO, and The Thompson
Grinder Employees' Association,' herein called the Association, ap-
peared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings.
made at the hearings are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.2
1 Also known as "The Association of The Thompson Grinder Company Employees, Inc."
2 Subsequent to January 5, 1945, the date of the first hearing , the Board ordered the
record reopened to receive certain additional evidence . On February 23, 1945, such evi-
dence was introduced . Prior thereto , a "committee " for the Association moved to reopen
the record in order to repudiate the testimony of Frank C . Lytle, the Association 's presi-
dent, concerning the question of its appearance on the ballot in any election the Board
might direct . This motion is denied , since, as hereinafter indicated , we are placing the
Association 's name on the ballot in the election ,we are directing.
60 N. L R . B., No. 209.
1222
THE -THOMPSON GRINDER COMPANY 1223
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT /
1. THE BUSINESS OF THE COMPANY
The Thompson Grinder Company, an Ohio corporation having its
-principal place of business and plant at Springfield, Ohio, is engaged
in the manufacture of machine tools. During the year immediately
preceding October 26, 1944, the Company purchased materials valued
in excess of $250,000, of which 15 to 20 percent was obtained from
sources outside the State of Ohio. During the same period the Com-
pany manufactured finished products valued in excess of $400,000, of
which 65 percent was shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
The Thompson Grinder Employees' Association is an unaffiliated
labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 21, 1944, the UAW-CIO requested recognition from
the Company as the collective bargaining representative of certain
of its employees. The Company refused to accord such recognition
in the absence of a certification by the Board.
A contract for a term of 1 year, effective August 9, 1911, was executed
between the Company and the Association. It provided, inter alia,
for automatic renewal for yearly periods thereafter, in the absence
of at least 30 days' notice prior to any anniversary date. With cer-
tain minor changes, this contract was continued in 1942, and auto-
matically renewed in 1943.
On July 7, 1944, the Association wrote the Company that it desired
``... to open negotiations for entering into a new contract,' when
the present contract expires." Negotiations between the parties with
respect to a new contract commenced about the second week in August
1944. They met again the third week in August 1944, when the Asso-
ciation verbally presented a series of demands relating to the proposed
new contract. These were submitted in writing to the Company on
August 22,1944, and included, among other things, matters concerning
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wage increases and a revision of the vacation plan. On August 29,
1944, after further discussions, the parties were unable to reach an
agreement.and decided to request-the aid of the United States Concilia-
tion Service.
On September 15, 1944, the Company and the Association met with
a conciliator, discussed the matters of Wage increases and vacation
plan revision, did not arrive at any agreement, and adjourned to Sep-
tember 22, 1944. On that date, with',knowledge of-the UAW-CIO's
claim to representation, the Company and the Association reached an
understanding with respect to the wage and' vacation issues, which
they incorporated into a written, signed memorandum. At this
meeting the parties also orally agreed to observe the terms of the
expired contract until they made a new written agreement. As of
the date of the second hearing herein, the parties had not completed
their negotiations and a new written agreement had not been executed.
We are of the opinion that there is no bar to a present determination
of representatives. The Association's timely notice of July •7, 1944,
forestalled the automatic renewal of the 1941 contract and terminated
it ,as -of' August 10, 1944. Furthermore, the UAW-CIO's claim, to
representation was made before any new contract was executed by the
Company and the Association.
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the UAW-CIO represents a substantial
number of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and,(7) of the Act.
IV. THE APPROPRIATE UNIT
All parties agree that the appropriate unit should consist of all
hourly paid employees, excluding office employees, clerical employees
on salary, engineering department employees, and all supervisory em-
ployees. The sole issue relates to leadmen, the UAW-CIO urging
their exclusion as supervisory employees, and the Company their in-
clusion as non-supervisory workers. Apparently the Association takes
no position with respect to these employees. -
The Company employs five or six leadmen who have no authority
to hire, discharge, or alter the status of employees, and no power- to
recommend such action. Although they direct the work of others,
3 The`Field Examiner reported that the -UAW-CIO submitted 78 authorization cards, 72
of which were signed by persons whose names appeared on the Company's pay roll of No-
vember 1944 , containing the names of 227 employees in the alleged appropriate unit.
The Association relies upon its 1941 contract with the Company as evidence of its interest
herein.
THE THOMPSON GRINDER COMPANY 1225 ,
and instruct new employees, they also engage in manual labor and are
merely more highly skilled workmen. We shall include them.
We find that all hourly paid employees, including leadmen, but
excluding office employees, clerical employees on salary, engineering
department employees, and all supervisory employees with' authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.4
The Company requests that provision be made for all employees
now in the United States armed forces, numbering more than 50, to
vote in the election. The other parties oppose this request on the
ground that too great a delay will be caused. For the reasons stated
in Matter of Mine Safety Appliances Company,5 we shall permit only
those employees in the armed forces of the United States who present
themselves in person at the polls to votes
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Thompson
Grinder Company, Springfield, Ohio, an election by secret ballot shall
4 The UAW-CIO requested that it be designated on the ballot as its name appears in the
Direction
555N L R B 1190.
6 Although the parties agreed to submit to the Board the question of the eligibility of 8
part-time workers to participate in the election, the record does not reveal the number of
hours they work for the Company during the course of a week, or the regularity of their
employment by the Company. If they are regular part-time employees who work a suffi-
cient period of time during the course of a week to warrant the conclusion that they have
an interest in the choice of a collective bargaining representative , they shall be eligible
to participate in the election , despite the fact that they may have full - tine employment
elsewhere See Matter of The National Machinery Company, 56 N L R B 481, and
Matter of United Gas Pipe Line Company, 56 N. L R B. 669.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
he conducted as early as possible, but not later than sixty ( 60) 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 subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion , - to determine whether they desire to be represented by
UAW-CIO , or by The Thompson Grinder Employees ' Association,
for the purposes of collective bargaining , or by neither.