Triangle Auto Spring Corp.

National Labor Relations Board - Board Decisions

Nov 25, 1946

71 N.L.R.B. 750 (N.L.R.B. 1946)

In the Matter of TRIANGLE AUTO SPRING CORPORATION , EMPLOYER and
UNITED CONSTRUCTION WORKERS, UNITED MINE WORKERS OF AMER-
ICA, PETITIONER
Case No. 6-R-1510.-Decided November 25, 1946
Mr. Frank G. Smith,, of Clearfield, Pa., for the Employer.
Mr. Peter Ferrara, of Indiana, Pa., for the Petitioner.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Clearfield,
Pennsylvania, on August 15, 1946, before Joseph Lepie, hearing of-
ficer. 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 EIJSINBSS OF THE EMPLOYER
Triangle Auto Spring Corporation, a Pennsylvania corporation, is
engaged in the business of manufacturing automobile leaf springs at
its plant located at Du Bois , Pennsylvania. During the period from
July 1, 1945, to June 30, 1946, the Employer purchased raw materials
for use in its operations valued in excess of $200,000, of which approxi-
mately 78.percent represented shipments to its plant from outside
the Commonwealth of Pennsylvania. During the same period, the
Employer manufactured products valued in excess of $200,000, of
which approximately 75 percent represented shipments made to points
outside the Commonwealth.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with United Mine
Workers of America, claiming to represent employees of the
Employer. °
71 N L. R. B, No. 127.
750
TRIANGLE AUTO SPRING CORPORATION
III. THE QUESTION CONCERNING REPRESENTATION
751
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
Petitioner seeks a unit of all production and maintenance employees,
including the watchman i and janitor, but excluding office and clerical
employees, the shipping clerk '2 and all other supervisors. The Em-
ployer takes no position as to the appropriateness of the requested
unit.
On the basis of the entire record, we find, in accordance with the
unopposed request of Petitioner, that all production and maintenance
employees of the Employer, including the watchman and janitor, but
excluding the office and clerical employees, and the shipping clerk, and
all or any other supervisory employees with authority to hire, promote,
discharge, discipline. or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Triangle Auto Spring Cor-
poration, Du Bois, Pennsylvania, 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 Sixth 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 Regul ations-
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 hot
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
i The watchman is not armed, uniformed or deputized His duties ai e custodial in nature
2 The shipping clerk is a supervisor within the Boards customary definition of that
term.
717734-47-vol 71 49
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 or not they desire to be represented by
United Construction Workers, United Mine Workers of America, for
the purposes of collective bargaining.