Toledo Steel Products Co.

National Labor Relations Board - Board Decisions

Dec 12, 1942

45 N.L.R.B. 1294 (N.L.R.B. 1942)

In the Matter of TOLEDO STEEL PRODUCTS COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL-IMPLE-
MENT WORKERS OF AMERICA, LOCAL No. 12 (C. I. 0.)
Case No. R-4`J26.Decided December 12, 19 2 ,
Jurisdiction : valves manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; one-year contract automatically renewable in
absence of 30 days' notice to teiuunate, ;cold no bar when it was not asserted
as a bar and petitioner gave timely notice of claim prior to the automatic
renewal of the contract; election necessa!y.
Unit Appropriate for Collective Bargaining : all hourly paid and piecework
employees, with specified inclusions and exclusions; stipulation as to.
Stanley & Smoyer, by Mr. Harry E. S7noyer, of Cleveland, Ohio,
for the Company.
Mr. Cyrus Martin and Mr. Lowell Goerliclt,, of Toledo, Ohio, for the
U. A. W. --C. I. O.
Mr. R. K. Robinson, of Perrysburg, Ohio, and Mr. W. D. Monday,
of Toledo, Ohio, for the Alliance. -
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, Local
No. 12 (C. I. 0.), herein called the U. A. W. - C. I. 0., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Toledo Steel Products Company, Toledo, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John R. Hill,
Trial Examiner. Said hearing was held at Toledo, Ohio, on November
12,,1942. The Company, the U. A. W.-C. 1. 0., and Auto-Motive Parts
Workers Alliance, Inc., herein called the Alliance, appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
45N L R.B,No.178
1294
TOLEDO STEEL PRODUCTS COMPANY 1295
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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Toledo Steel Products Company, an Ohio corporation with its prin-
cipal offices located in Toledo, is a wholly owned subsidiary of Thomp-
son Products, Inc. It is engaged' in the manufacture` of valves for
internal combustion motors. The estimated cost of its annual pur-
chases outside the State of Ohio is $120,000. The annual` purchases
within the State of Ohio for its plant are approximately $50,000.
The estimated value of the products manufactured annually in said
plant is about $1,000,000, of which approximately $500,000 is shipped
to points outside the State of Ohio.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile , Aircraft and'Agricultural
Implement Workers of America, Local No. 12, is a labor organization
affiliated "with the Congress of' Industrial Organizations , admitting
to membership employees of the Company.
Auto-Motive Parts Workers Alliance, Inc., is an unaffiliated labor
organization , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petition the U. A. W.-C. I. 0. requested
the Company to recognize it as the exclusive bargaining agent of the
employees in the alleged appropriate unit. The Company disputed
the claim of the U. A. W.-C. I. 0. to majority representation and re-_
fused to so recognize it, and further asserted that it had a sole bargain-
ing contract with the Alliance, for the employees of the Company,,
and that said contract is still in effect. However, both the Company
and the Alliance stated at the hearing that they were not asserting the
contract as,a.bar to an election. The contract in question was entered
into on `October 27, 1941. It provided that it was to remain in effect
for ,1 year and-t6 be renewed automatically in the absence of 30 , days'
notice of a desire to terminate. Since the U. A. W.-C: I.-0. 'gave
notice of its' representation claims Drior to the automatic renewal of
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the contract , the contract does not constitute a bar to an investigation
of representatives.
Reports prepared by the Field Examiner and introduced into evi-
dence at the hearing indicated that the U. A. W.-C. I. O. represents
a substantial number of employees in the unit hereinafter found to be
appropriate .' The Alliance did not introduce any evidence on the
extent of its representation.
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company , within the mean-
ing of Section 9 (c) and Section 2 ( 6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
hourly paid and piece-work factory employees of the Company's
manufacturing plant at 3300 Summit Street, Toledo, Ohio, including
all guards, watchmen, and firemen, but excluding office and super-
visory 2 employees, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b). of the Act.
V. THE DETERMINATION Or 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 by the Company
during the pay-roll period immediately preceding the date of this
Direction of Election, subject to the limitations and additions set forth
in -the Direction.
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Toledo Steel
Products Company, Toledo, Ohio, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
1 The Field Examiner reported that the Company submitted its pay roll as of September
11, 1942. The pay roll showed a total of 310 employees engaged in production and main-
tenance, exclusive of supervisory employees . The_ U. A. W -C I O. submitted its member-
ship roster and dues record , which showed a total of 165 listed individuals . Of these; 160
appeared on the Company ' s pay roll as submitted.
2 The parties, agreed that the following employees , or their successors , are supervisory
employees : Emil Jacklietch , Fred L'lackney , Lee Crawford, Harold Hager , Richard Fox,
Harry Clasper , John Drath, and Harold Passano.
TOLEDO STEEL PRODUCTS COMPANY 1297
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 Arti-
cle III, Section 10, of said Rules and Regulations, among the em-
ployees in',the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
,of thi's'Direction, including-,employees who did not work during said
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding any who have since quit or been discharged for cause,
to determine whether they desire to be represented by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, Local No. 12 (C. I.'0.), or by Auto-Motive Parts
Workers Alliance, Inc., for the purposes of collective bargaining, or
by neither.
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