Capital Elevator & Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 597 (N.L.R.B. 1942)

Inc. the• Matter of CAPITAL ELEVATOR & MANUFACTURING COMPANY,
INCORPORATED and INTERNATIONAL ASSOCIATION OF MACHINISTS,
A. F. OF L.
Case No. R-3837-Decided June 1, 194.2
Jurisdiction : elevator manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition in the absence of Board's
certification ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company,s Columbus, Ohio, plant, excluding supervisors,
clerical and office employees, and outside construction workers; stipulation
as to.
Mr. William R. Edminster, of Columbus, Ohio, for the Company.
Messrs. A. G. Skundor and John'G:Witte, of Washington, -D. C., for
the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
A'. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representations of^ employees,- of
Capital Elevator & Manufacturing Company, Incorporated,' Colum-
bus, Ohio, herein called the Company, the National Labor Relations
Board provided an appropriate hearing upon due notice before Thomas
E. Shroyer, Trial Examiner. Said hearing was held at Columbus,
Ohio, on May 19, 1942. The Company and the Union appeared, par-
ticipated, 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.
Upon the entire record in the case, the Board makes the following :
'Incorrectly described in the petition and other:'formal papers as Capital Elevator &
Manufacturing Company.
41 N. L. It. B., No. 117.1
597
598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Capital Elevator & Manufacturing Company, Incorporated, an Ohio'
corporation with its principal place of business and plant at Columbus,
Ohio, is engaged in the manufacture of elevators, dumb-waiters and
hoisting machinery. During the calendar year 1941, the Company
purchased raw materials amounting to more than $50,000 in value,,
of which 15 percent was purchased outside the State of Ohio. During
the same period, the Company's total sales amounted to more than
$200,000 of which approximately 10 percent was sold outside the
State of Ohio. , ,
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization afEili-
-ated with the American Federation of Labor, admitting to member-
ship employees of the 'Company'.
III. THE QUESTION CONCERNING REPRESENTATION '
On April 21, 1942, the Union requested recognition as the exclusive-
bargaining agent of all production and maintenance employees of the
Company at its Columbus, Ohio, 'plant. The Company, declined to
recognize the Uniori'until the latter should be certified by the Board.
A statement of a Field Examiner, introduced in evidence at the hear-
ing, shows that the Union represents a substantial number of employees
in the unit hereinafter found appropriate 2
We find that a question affecting commerce-has arisen concerning the
representation of employees of the' Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7), of the Act.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all pro-
duction and maintenance employees of the Company at its Columbus,,
Ohio, plant, excluding supervisors, clerical and office employees,3 and
outside construction workers, constitute a unit appropriate for the
purposes, of collective bargaining, within the meaning of Section 9•
(b) of the Act.
2 The Field Examiner reported that the Union had submitted 12 signed membership appli-
cation cards , all dated April 17, 1942, and all bearing apparently genuine, original signa-
tures of persons whose names are on pay -roll cards submitted by the' Company as persons
currently employed. There are approximately 14 employees in the appropriate unit
In its petition the Union desired to exclude draftsmen . Although the st pulation as to
the unit did not specifically name draftsmen as excluded , the record indicates that the parties
did not wish to include them. Accordingly, we interpret the term "clerical and office em-
ployees" as including draftsmen among those to be excluded from the unit
eAP1TAL ELEVATOR & MANUFACTURING COMPANY 599
V. THE DETERMINATION OF REPRESENTATIVES
The Company opposes the Union's request for certification without
an election. We find that the question concerning representation which
has arisen can best be resolved by and we shall direct an election by
secret ballot among the employees of the Company in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, 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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
Capital Elevator & Manufacturing Company, Incorporated, Colum-
bus, Ohio, 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 Ninth Region, acting in this matter as agent for the National
Labor Relations Board-, and.subject to Article-III; Section 9, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including any
such 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 or
not they desire to be represented by International Association of
Machinists, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
In the Matter Of CAPITAL ELEVATOR & MANUFACTURING COMPANY,
INCORPORATED ' and- INTERNATIONAL ASSOCIATION"' OF MACHINISTS,'^= "
A. F. OF L.
Case No. R-3837
CERTIFICATION OF REPRESENTATIVES
June 23,1942
On June 1, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above -entitled proceeding.'
Pursuant to the Direction of Election , an election by secret ballot
was conducted on June 11, 1942, under the direction and supervision
of the Regional Director for the Ninth Region ( Cincinnati , Ohio).
On June 12, 1942, the Regional Director , acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended , issued and duly served upon the parties
his Election Report. No objections to the conduct of the ballot or to
the Election Report have been filed by any of the parties.
As, to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list--------------------------- ------ --------- 14
Total ballots cast---------------------------------------- 13
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------------------------- , 0
Total void ballots---------------------------------------- 0
Total valid votes counted_________________________________ 13
Votes cast for International Association of Machinists,
A. F. of L--------------------------------------------- 13
Votes cast against International Association of Machinists,
A. F. of L--------------------------------------------- 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations, Series 2, as
amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
A. , F. of L., has been designated and selected by a majority of all
production and maintenance employees of Capital Elevator & Manu.
1 41 N. L. R B. 597.
41 N. L. R. B., No. 117a.
600
CAPITAL ELEVATOR & MANUFACTURING COMPANY 601
facturing Company, Incorporated, at its Columbus, Ohio, plant,
excluding supervisors, clerical and office employees, and outside con-
struction workers, as their representative for the purposes of collec-
tive bargaining and that, pursuant to the provisions of Section 9 (a)'
of the Act, International Association of Machinists, A. F. of L., is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of,employment.
I