The Weldon Tool Co.

National Labor Relations Board - Board Decisions

Apr 12, 1944

55 N.L.R.B. 1211 (N.L.R.B. 1944)

In the Matter of THE WELDON TOOL COMPANY (PLANT No. 1) and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
(CIO)
Case No. 8-R-1410.-Decided April 12, 19411
Baker, Hostetler & Patterson, by Mr. S. D. L. Jackson, Jr., of Cleve-
land, Ohio, for the Company.
Mr. Frank Haug, of Cleveland, Ohio, for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America (CIO), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Weldon Tool Company, Cleveland, Ohio, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Dominick Manoli,
Trial Examiner. Said hearing was held at Cleveland, Ohio, on March
3, 1944. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Weldon Tool Company is engaged in the manufacture of metal
cutting tools and aviation pumps at Cleveland, Ohio, where the Com-
pany operates three plants. In the manufacture of its finished prod-
ucts, the Company uses steel, copper, iron, and other materials. Dur-
ing the year 1943, the Company used at its plants raw materials valued
in excess of $1,000,000, of which more than 50 percent was received
55 N. L. R. B., No. 219.
1211
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from points outside Ohio. During the salve period, the Company
sold products finished at its plants valued in excess of $5,000,000, of
which more than 50 percent was shipped to points outside Ohio.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions , admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
On or about January 29, 1944, the Union asked the Company for
recognition as exclusive bargaining representative of production and
maintenance employees at the Company's main plant. The Company,
taking the position that production and maintenance employees at its
three plants constituted a bargaining unit and that the unit proposed
by the Union was inappropriate for bargaining, declined to recognize
the Union until a bargaining unit appropriate for its employees should
be determined by the Board.
Until November 1942, the Company conducted its entire manufac-
turing operations, consisting principally of metal cutting tools, at
3000 Woodhill Road, Cleveland, Ohio, herein called the main plant.
In August 1942, the Company, pressed for space and unable to procure
suitable materials or the necessary labor for building construction,
leased for its use an empty automobile garage, located approximately
21/2 miles from the main plant.' This plant is called the warehouse.
To the warehouse, the Company immediately transferred 22 em-
ployees, of whom 11 subsequently returned to the main plant. In
October the Company initiated at its main plant the manufacture of
pumps for use in airplanes. Expansion of this work compelled the
Company in February 1943 to seek additional facilities for produc-
tion. For this purpose it leased a building near the warehouse,
herein called the pump plant 2 The Company secured equipment for
the warehouse and for the pump plant from the Defense Plant Corpo-
ration. When it opened the pump plant, the Company transferred
from the main plant thereto 20 employees, and later 29 additional
employees.3 Frequent transfers of employees from one plant to an-
3 The lease is for a 3-year period, with an option on the part of the Company to cancel
the lease upon the sooner termination of the war.
3 The lease is for a 5-year period, with a similar option for cancellation upon the sooner
termination of the war
'Five of these employees subsequently returned to the main plant. Two other em-
ployees, originally lured for work at the pump plant, were thereafter transferred to the
main plant, and one of these later returned to the pump plant
THE WELDON TOOL COMPANY (PLANT NO. 1) 1213
other continued to the date of the hearing herein. The Company
intends to return all manufacturing operations to the main plant as
soon as production needs are reduced to its capacity or materials
become available for its adequate enlargement.
The Company presently manufactures milling cutters, cutting
tools, sharpening fixtures, and fluid metering pumps. The warehouse
includes a cut-off department, where the first operation on tool steel
is performed before the steel is sent to the main plant for processing.
Cutting tools and partly fabricated cutting tools are made at the main
plant. Some tools are sent from the main plant to the warehouse
for hardening, and then returned to the main plant for future proc-
essing. For its pumps, the Company buys certain completely fab-
ricated parts, including motors, filters, rheostats, shaft springs, shaft
washers, rubber insets, and screws. At its main plant, the Company
manufactures the pump body, cover, shaft, and seal and plug pins,
performing in all at this plant 9 operations, approximately 32 percent
of its work, in the manufacture of pumps. The various parts are sent
to the pump plants, where they are painted, inspected, and assembled
to form the finished product. In one department at the pump plant,
the Company manufactures cams for use at the main plant and for
sale to customers. Cams are used in connection with cutting tools or
cutting machines and are not connected with pump manufacture.
The equipment at the pump plant is similar to that at the main plant,
and, except for differences in product, the work operations at the
two plants are substantially the same. Raw materials and supplies
for use at both plants are stored at the warehouse. A metallurgical
laboratory is located at the warehouse, where raw materials used in
the manufacture of pumps and tools are analyzed. In general, the
skills of the production employees in the three plants are substan-
tially the same.
The Company's maintenance department, under the supervision of
a foreman, has its headquarters at the main plant, but serves all 3
plants of the Company. The maintenance foreman is also in charge
of the plant guards who are shifted periodically from one plant to
another. All three plants are supplied with tools, jigs, fixtures, and
blueprints from departments in the main plant, where all tools are
likewise sharpened.
Wage scales, vacations, pensions, and Company policies are uni-
form for all plants. All employees are hired at the employment office
at the main plant, where foremen at the 3 plants place their requests
for additional employees. Identification badges, consecutively num-
bered, are issued to all employees when hired. These badges are worn
by employees at all 3 plants, and except for the serial numbers are
identical. Employees have access to any of the 3 plants. The Com-
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany maintains 1 pay roll, upon which all employees are listed in
the order of their serial numbers. The Company divides its opera-
tions among 50 departments. After the pay envelopes are made up
at the main plant, they are separated as to departments and are
delivered to the respective foremen for distribution to the employees
therein.
On February 13, 1944, the Company employed 378 hourly paid em-
ployees at its main plant, one-third of whom were women, 84 hourly
paid employees at the pump plant, all but 10 of whom were women,
and 9 men at its warehouse. The 3 plants are under the direct super-
vision of the general manager of the Company's operations, to whom
supervisory employees at the main plant, the pump plant, the metal-
lurgist department, and the warehouse are respectively subject.
The Union began its organization of the Company's employee§ in
1942 when they were all housed at the main plant. After the Com-
pany established its pump plant and warehouse, the Union concen-
trated its activities among employees at the main plant, but it solicited
membership generally among employees at the pump plant. The
record does not disclose the full extent of the Union's organization
among them. The Company's operations at the 3 plants clearly con-
stitute continuous manufacturing operations. Upon the basis of the
entire record herein, we conclude that a bargaining unit limited to
employees at the Company's main plant is not appropriate at this
time.4 Since it does not appear that any question has been raised
concerning the representation of employees of the Company, in an
appropriate unit within the meaning of Section 9 (c) of the Act, we
shall dismiss the petition filed herein.5
ORDER
. Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation
and certification of representatives of employees of The Weldon Tool
Company, Cleveland, Ohio, filed by United Electrical, Radio & Ma-
chine Workers of America (CIO), be, and it hereby is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.
* Matter o f Anthony Company , 51 N. L. R. B. 1084.
5 In support of its claim to represent employees at the Company 's main plant, the Union
submitted 147 authorization cards, of which 5 were undated and the remaining bore dates
in November and December 1943 and January and February 1944. Of these cards, 125
bear the names of employees on the Company 's pay roll of February 15, 1944. The Union
submitted no evidence to indicate the scope of its organization among employees at the
pump plant and at the warehouse . There are approximately 450 non -supervisory employees
,Lt the 3 plants.