Thresher Varnish Co.

National Labor Relations Board - Board Decisions

Feb 14, 1942

38 N.L.R.B. 1225 (N.L.R.B. 1942)

In the Matter of THRESHER VARNISH COMPANY and DIET. 50, UNITED
MINE WORKERS OF AMERICA, LOCAL 13001, C. I. O.
Case No. R-3460.-Decided February 14, 1942
Jurisdiction : paint, varnish, enamel, and lacquer manufacturing industry.
Investigation and Certification of Representatives : existence of question : agree-
ment by the parties that a, question concerning representation exists ; stipulated
pay roll date to determine eligibility ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, exclusive of supervisory employees, foremen,
clerical employees, watchmen, research laboratory workers, salaried em-
ployees, and employees with the right to hire and discharge or the right to
recommend hiring and discharging ; stipulation as to.
Mr. C. L. Sullivan, Jr., and Mr. Clarence J. Moser, of Dayton, Ohio,
for the Company.
Mr. Cecil W. Dane, of Cincinnati, Ohio, for the Union.
Mr. Gerard J. Manack, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12, 1941, Dist. 50, United Mine Workers of America,
Local 13001, C. I. 0., herein called the Union, filed with the Regional
Director for the Ninth Region (Cincinnati, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Thresher Varnish Company, Dayton, Ohio,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On De-
cember 22, 1941, 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 Regu-
lations-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.
38 N. L. R. B., No. 218.
1225
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 6, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on January 13, 1942,
at Dayton, Ohio, before Karl Filter, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company was represented
by counsel, the Union was represented by its representative, and both
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made various rulings on motions and objections
to the admission of evidence. The Board has reviewed all the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. 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
Thresher Varnish Company, an Ohio corporation, of Dayton, Ohio,
and a wholly owned subsidiary of the Pittsburgh Plate Glass Com-
pany, is engaged in the manufacture of paints, varnishes, enamels,
and lacquers. During the past year, the Company purchased raw
materials valued at approximately $335,000, of which more than 80
percent were shipped to the Company from points outside the State
of Ohio. During this period, the Company's sales amounted to ap-
proximately $150,000, of which approximately 40 percent were made
to persons or companies outside the State of Ohio.
The Company admits it is engaged in commerce within the meaning
of the Act.
H. THE ORGANIZATION INVOLVED
Dist. 50, United Mine Workers of America, Local 13001, C. I. 0.,
is a labor organization admitting. to membership employees of the
Company.
M. THE QUESTION CONCERNING REPRESENTATION
The parties agreed at the. hearing that a question concerning
representation within the meaning of the Act exists in this proceeding.
A statement by a Field Examiner of the Board, introduced in
evidence at the hearing, shows that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
i The Union submitted 21 application-for-membersbip cards, dated from November 3,
1941, to November 5, 1941, appearing to bear genuine, original signatures, 20 of which are
names appearing on the Company's pay roll of December 12, 1941. The record indicates
that the Company employed 35 persons in the said unit as of January 12, 1942.
THRE'SHEIR VARNISH COMPANY 1227
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
We find, in accordance with a stipulation entered into by the parties
at the hearing, that all production and maintenance employees of
the Company, exclusive of supervisory employees, foremen, clerical
employees, watchmen, research laboratory workers, salaried employees,
and employees with the right to hire and discharge or the right to
recommend hiring and discharging, constitute a unit appropriate
for the purposes of collective bargaining, and that said unit will in-
sure to the 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 an election by secret ballot. The parties stipu-
lated at the hearing that the proper pay-roll date for determining
eligibility to vote shall be January 12, 1942. We see no reason to
depart from the agreement of the parties. We shall accordingly direct
that 'the employees eligible to vote in the election shall be those
employees in the appropriate unit whose names appear on the Com-
pany's pay roll for January 12, 1942.
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 Thresher Varnish Company, Dayton, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All production and maintenance employees of the Company,
exclusive of supervisory employees, foremen, clerical employees,
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
watchmen, research laboratory workers, salaried employees, and em-
ployees having the right to hire and discharge or the right to recom-
mend hiring and discharging, constitute a unit appropriate for the
purposes of collective bargaining within the meaning 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 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Thresher Varnish Company, Dayton, Ohio, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days after the date of this Direction of Election, under the
direction and supervision of the Regional Director for the Ninth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of the
Company, who were employed during the pay-roll period of January
12, 1942, including the employees who did not work during such pay-
roll period because they were ill or on vacation or in active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for cause,
and also excluding supervisory employees, foremen, clerical employees,
watchmen, research laboratory workers, salaried employees, and em-
ployees having the right to hire and discharge or the right to recom-
mend hiring and discharging, to determine whether or not such
employees desire to be represented by Dist. 50, United Mine Workers
of America, Local 13001, C. I. 0., for the purposes of collective
bargaining.