Lectrolite Corp.

National Labor Relations Board - Board Decisions

Aug 14, 1945

63 N.L.R.B. 369 (N.L.R.B. 1945)

In the Matter of LECTROLITE CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS , DISTRICT No. 129, A. F. L.
Case No. 8-R-1818.-Decided August 14, 1945
Messrs.Allan B. Loop, of Toledo , Ohio, Harold Schlosser and Harry
Schlosser of Defiance, Ohio, for the Company.
Messrs. J. F. Bushong , of Defiance , Ohio, and C . F. McDonald of
Toledo, Ohio, for the Union.
Mr. Bruce C. Heath, of counsel to the Board.
,DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by the International Association of
Machinists , District No. 129, A. F. L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Lectrolite Corporation of Defiance, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George F.
Hayes, Trial Examiner . Said hearing was held at Defiance, Ohio, on
June 4, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross -examine witnesses , and to introduce evidence bear-
ing 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Lectrolite Corporation is an Ohio corporation , and is engaged
in the manufacture of mechanics ' tools at its plant in Defiance, Ohio.
During the past 6 months the Company purchased raw materials from
points outside the State of Ohio valued in excess of $235,000. The
63 N L R B. No 54.
369
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
value of finished products, exported to points outside of Ohio, during
the same period, exceeded $645,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The International Association of Machinists, District No. 129,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees, until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, 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 tl^e Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees, including watchmen, but excluding sales and clerical em-
ployees, draftsmen, and supervisory employees. The Company does
not contest the general composition of the unit, but would exclude
watchmen.
The Company contends that the watchmen should be excluded be-
cause they are confidential employees closely allied to management.
The watchmen are neither militarized nor deputized. They spend
about 15 minutes in each hour making their usual clock punch tour,
and the balance of their time is spent in general inspection and cus-
todial work about the plant. They are hourly paid, and generally
have the same working conditions as the other production and main-
tenance employees. While these employees are permitted entrance
to the office of the Company in the course of their duties, there is
nothing in the record to indicate that they have access to confidential
information concerning the Company's labor relations. Since the
' The Field Examiner reported that the Union submitted 45 membership cards , that the
names of 35 persons appealing on the cards were listed on the Company's pav roll of April
28, 1945, which contained the names of 96 employees in the appropriate unit ; and that 2
of the cards were dated in December 1944, 31 in March. 3 in April, and 9 in May 1945.
LECTROLITE CORPORATION 371
-duties of the watchmen are custodial and not monitorial or confiden-
tial, we shall include them within the unit.2
We find that all production and maintenance employees of the Com-
pany, including watchmen, but excluding sales and clerical employees,
draftsmen, the superintendent, departmental heads, foremen, and all
or any other 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 ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF 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 during the pay-
roll period immediately preceding the date of the Direction of
Election herein,, subject to the limitations and additions set forth in
the Direction.
The Company employs agricultural workers and students as tem-
porary and regular part-time employees. At the hearing the parties
agreed that all regular part-time employees who work regularly 24 or
more hours per week should be eligible to participate in the election,
and that all temporary part-time employees should be deemed ineligi-
ble. In accordance with the agreement of the parties, we find that all
regular part-time employees who work 24 or more hours per week are
eligible to participate in the election, and that those working less than
24 hours per week, and all temporary employees are ineligible.
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 represent-
tives for the purposes of collective bargaining with Lectrolite Corpora-
tion of Defiance, 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 Eighth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, See-
2 See Matter of Sylvansa Industrial Corporation, 61 N. L R B 1585 ; cf. Kelsey-Hayes
Wheel Company, 62 N. L It B. 421.
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372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions 10 and 11, of said Rules and Regulations, 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 not 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 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 Interna-
tional Association of Machinists, District No. 129, A. F. L., for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.