Freedman Burnham Engineering Corp.

National Labor Relations Board - Board Decisions

Jun 12, 1945

62 N.L.R.B. 348 (N.L.R.B. 1945)

In the Matter of FREEDMAN BURNHAiMI ENGINEERING CORPORATION and
INTERNATIONAL ASSOCIATION OF MACHINISTS, A F. OF L.
Case No. 9-R-1820.-Decided June 12, 1945
Messrs. Jack B. Josselson and Gordon L Freedman, of Cincinnati, Ohio,
for the Company.
Messrs. D. J. Olucr and R T. Mencke, of Cincinnati, Ohio, for the
Union.
Mr Louis Cokin, 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 com-
merce had arisen concerning the representation of employees of Freedman
Burnham Engineering Corporation , Cincinnati , Ohio , herein called the
Company , the National Labor Relations Board provided for an appropriate
hearing upon due notice before Herbert J. Nester, Trial Examiner. Said.
hearing was held at Cincinnati , Ohio, on May 15, 1945. The Company and
the Union appeared , participated , 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Freedman Burnham Engineering Corporation is an Ohio corporation
engaged at Cincinnati, Ohio, in the manufacture of wood and plastic air-
62 N. L. R. B., No. 50.
348
FREEDMAN BURNHAM ENGINEERING CORPORATION 349
plane propellers for the United States Army and Navy. The Company
annually purchases raw materials valued in excess of $100,000, 90 percent
of which is shipped to it from points outside the State of Ohio. The Com-
pany annually produces materials valued in excess of $500,000, a substan-
tial percent of which is shipped to points outside the State of Ohio.
The Company admits that its business affects commerce within the mean-
ing of the National Labor Relations Act.
II THE ORGANIZATION INVOLVED
international Association of Machinists is a labor organization affiliated
with the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collective
bargaining representative of its employees until such time as the Union is
certified by the Board.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
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
The Union urges that all production and maintenance employees of the
Company, including departmental foremen, a foreman's assistant, and the
truck driver and janitor, but excluding office and clerical employees, fac-
tory superintendent, night superintendent, and chief inspector, constitute
an appropriate bargaining unit. The Company is in general agreement as
to the scope of the unit, but declined to take a position with respect to the
disposition to be made of the departmental foremen and foreman's assistant.
The Company employs eight departmental foremen, each of whom is in
charge of a separate department. They train new employees, inspect fin-
ished products, and direct the activities of all employees in their respective
departments. The record discloses that although the departmental fore-
men spend a substantial amount of their time in production activities, they
exercise the authority to hire and discharge. Accordingly, we shall exclude
them from the unit.
The Company employs one foreman's assistant. This employee spends
all of his working time performing production work. The foreman's assist-
1 The Field Examiner reported that the Union submitted 42 authorization cards Theie are appiox-
unately 89 employees in the appropriate unit.
350 DECISION'S Ol" NATIONAL LABOR RELATIONS BOARD
ant does not have the authority to recommend effectively changes in the
status of any employees. We shall include him in the unit.
We find that all production and maintenance employees of the Company,
including the foreman' s assistant and the truck driver and janitor, but
excluding office and clerical employees, factory superi n tendent. night super-
intendent , chief inspector , departmental foremen, and any other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPIFESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by means of an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediatetly preceding 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 9, of National Labor Relations Board
Rules and- Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Freedman Burnham Engi-
neering Corporation, Cincinnati, 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 Re-
gional Director for the Ninth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sections
10 and 11 , of said Rules and Regulations , among the employees in the unit
found appropriate iri Section IV, above, who were employed during the
pay-roll period immediatetly preceding the date of this Direction, includ-
ing employees who did not work during the 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' excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to he represented by Inter-
national Association of Machinists, A. F. of L., for the purposes of collec-
tive bargaining.