The Tool Die Engineering Co.

National Labor Relations Board - Board Decisions

Apr 10, 1947

73 N.L.R.B. 337 (N.L.R.B. 1947)

In the Matter of THE TOOL DIE ENGINEERING COMPANY, CASTING
DIVISION, EMPLOYER and UNITED STEELWORKERS OF AMERICA, C. I. 0.,
PETITIONER
. Case No. 8-R-2530.-Decided April 10, 1947
Mr. Charles G. Seifert, of Cleveland, Ohio, for the Employer.
Mr. Joseph J. Kanecki, of Cleveland, Ohio, for the Petitioner.
Mr. A. J. Kastelic, of Cleveland, Ohio, for the Intervenor.
Mr. Edmund J. Flynn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cleveland,
Ohio, on March 5, 1947, before Louis S. Belkin, hearing officer. The
hearing officer'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 Tool Die Engineering Company, Casting Division, is an Ohio
corporation engaged in the manufacture of zinc and aluminum castings
in Cleveland, Ohio. Since October 1946, the value of raw materials
used by the Employer has exceeded $15,000, of which approximately 50
percent was shipped from points outside the State of Ohio. During
the same period, the value of products manufactured by the Employer
has exceeded '$50,000 of which approximately 50 percent has been
shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of
the Employer.
73NLRB,No63.
337
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union of Mine, Mill & Smelter Workers, herein
called the Intervenor, is a labor organization affiliated with' the Con-
gress of Industrial Organizations, claiming to represent employees
of the Employer.
M. 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
In accordance with a stipulation of the parties, we find that all
production and maintenance employees of the Employer's Cleveland,
Ohio, plant, excluding office and clerical employees and all super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively 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 1
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Tool Die Engineering
Company, Casting Division, Cleveland, 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 Eighth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Sections 203.55 and 203.56, of National Labor Relations
Board Rules and Regulations-Series 4, among the employees,in the
unit found appropriate in Section IV, above, who were employed
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 they desire to be represented by United Steel-
I Any participant in the eletion herein directed may, upon its prompt request to and
approval thereof by the Regional Director , have its name removed from the ballot
THE TOOL DIE ENGINEERING COMPANY 339
workers of America, C. I. 0., or by International Union of Mine,
Mill & Smelter Workers, C. I. 0., for the purposes of collective
bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.