71 N.L.R.B. 576 (N.L.R.B. 1946)

Tobacco Machinery Corp.

National Labor Relations Board - Board DecisionsOct 31, 1946

71 N.L.R.B. 576 (N.L.R.B. 1946)

In the Matter of TOBACCO MACHINERY CORPORATION and INTERNATIONAL ASSOCIATION Or MACHINISTS, LODGE No. 10 Case No. 5-R-2436.-Decided October 31, 191,6 Mr. F. H. Garber, of Richmond, Va., for the Employer. Hr. Claude W. Fairfield, of Baltimore, Md., and Mr. A. A. Tlioinp- son, of Richmond, Va., for the Petitioner. 1r. Herbert C. Kane, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on August 14, 1946, conducted a prehearing election among the employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election the parties were furnished a Tally of Ballots. The Tally shows that there were approximately 20 eligible voters, of whom 18 voted, all for the Petitioner. Thereafter, a hearing was held at Richmond, Virginia, on September 18, 1946, before Harold M. Weston, hearing officer. The hearing offi- cer's rulings 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 1. THE BUSINESS OF THE EMPLOYER Tobacco Machinery Corporation, a Virginia corporation having its office and plant in Richmond, Virginia, is engaged in the manufacture of separators, shredders, and conveyance systems. During the year ending July 1, 1946, the Employer purchased raw materials, consisting principally of iron, steel, and brass castings, valued at more than $30,000, of which approximately 25 percent was shipped to the plant from points outside the Commonwealth of Virginia. During the same period, the Employer manufactured finished products valued at ap- 71 N L. R. B., No. 83. 576 TOBACCO MACHINERY CORPORATION 577 proximately $100,000, of which more than 50 percent was shipped to points outside the Commonwealth. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization, claiming to represent em- ployees of the Employer. III. TILE QUESTION CONCERNING REPRESENTATION The Employer has refused to recognize the Petitioner as the exclu- sive bargaining representative of employees of the Employer in the alleged 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 The Petitioner seeks a unit comprising all production and mainte- nance employees of the Employer excluding office clerical employees and supervisors. The Employer contends that instead of one unit there should be several craft units. The Employer employs approximately 20 employees who are engaged in production and maintenance work. Of these 8 are machin- ists, S are mechanics, 2 are welders, 1 is a painter, and 1 is a sheet metal worker. There is no history of collective bargaining in the plant and no other union is seeking to represent any of these employees on a craft basis. Under these circumstances, we find no merit in the Em- ployer's contention that the Board should establish craft units for the various crafts. Accordingly, we find that all production and maintenance em- ployees of the Employer, excluding office clerical 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, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TLIE DETERDIIN ATION OF REPRESENTATIVES The results of the election show that the Petitioner has been selected as exclusive bargaining representative of the employees in the appro- priate unit. We shall, therefore, certify it as such. 578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Association of Machinists, Lodge No. 10, has been designated and selected by a majority of all production and maintenance employees of Tobacco Machinery Cor- poration, Richmond, Virginia, excluding- office clerical 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, as their representative for the pur- poses of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. CHAIRMAN HERzoo took no part in the consideration of the above Decision and Certification of Representatives.