Thomas L. Green & Co.

National Labor Relations Board - Board Decisions

Aug 29, 1944

57 N.L.R.B. 1692 (N.L.R.B. 1944)

Ill the, Matter of TIIOMAS L. GREEN & COMPANY and UNITED STEEL-
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 9-R-1502.Decided August 29,1-9441
Barnes, Hickamm, Pantzer & Boyd,. by Mr. George Rose, of In-
Ind., for the Company.
Mr. Harry C. Dougherty, of Indianapolis, Ind., for the Union.
Miss Ruth Busch, of counsel to the Board.
`DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning, the representation of employees of Thomas L. Green &
Company, Indianapolis, Indiana, herein called the Company, the
National Labor Relations Board- provided for an appropriate hearing
upon due notice before Benjamin E. Cook, Trial Examiner. Said
hearing was held at Indianapolis, Indiana, on July 26, 1944. The
Company and the Union appeared and participated. All parties were
afforded an 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 an oppor-
tunity 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
Thomas L. Green & Company is an Indiana corporation which is
engaged in the manufacture of steam cargo winches for the United
States Maritime Commission. Prior to the war, the Company manu-
factured special bakery machinery. 'During 1943, the Company pur-
57 N. L. R B, No. 281.
1692
THOMAS L. GREEN & COMPANY 1693
chased raw materials amounting to more than $100,000 in.value, of
which more than 50 percent was shipped fromsources outside the State
of Indiana. During the same,period, the Company manufactured
products amounting to more than $100,000 in value, all of which was
shipped to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership 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 its production and maintenance
employees until the Union has been certified by the Board iii an
appropriate unit. -
On October 26, 1537, the Company and Thomt s L. Green & Com-
pany Employees Protective Organization, herein called the Independ-
ent, entered into a written agreement recognizing the Independent as
the bargaining representative of employees of the Company, effective
for a term of 1 year, without provision for automatic renewal. After
the contract had expired, it was orally agreed to continue in operation
the terms of the contract. Since the record reveals that the Independ-
ent has apparently become dormant,'and inasmuch as no written agree-
ment was entered into between the Company and the Independent
after the expiration of the 1937 contract, we find that no bar exists,
to a current determination of representatives.'
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.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 APPROPRIAjE UNIT
The, Company and the Union are in agreement with respect to the
appropriate unit, with the exception of a dispute concerning the inclu-
See Matter of Eicor, Inc, 46 N L R B 1085.
2Thevrieid Examiner reported that the Union submitted 35 authorization cards, 30 of
which bore the names of persons listed on the Company's pay roll of June 29, 1944, which
contained the names of 72 employees in the appropriate unit There were 25 cards dated
June 1944, and 5 were undated.
,?.,, 1694 DECISIONS-OF NATIONAL LABOR RELATIONS BOARD'
The Company contends that the draftsmen are paid by the hour, '
work under a foreman; have no association with the management, have
contact with the production employees, and have been included in the
unit governing the bargaining' relations between it and the Independ-
ent. For these'reasons, the Company asserts they should be included
in the unit: Draftsmen are highly skilled technical employees whose
interests are different from' those of production and maintenance
workers. We have had previous occasion to exclude draftsmen from
units composed of production and maintenance employees 3 and, we
see no persuasive reason for departing from our customary practice.
We find, in substantial accordance with the agreement of the parties
and our foregoing determination, that all production and maintenance
employees of the Company at its plant at Indianapolis, Indiana, in-
cluding stock handlers, but excluding outside erectors, office and cler-
ical employees, draftsmen, the chief engineer, foremen, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the,
purposes of collective bargaining within the meaning 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 Direc-
tion.
The Union's request that it be designated on the ballot as "`United
Steelworkers of America,,CIO" is hereby granted.
sion of the Company's two draftsmen. The Company desires to have
them included in the unit, whereas the Union seeks to have them
- 'excluded. 11
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 Rehitions 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 representa-
tives for the purposes of collective bargaining with Thomas L., Green
S See Matter of Virginia Electric & Power Company, 49 N. L R B. 1095; Matter'of Birds-
boro Steel Foundry and Machine Company, 54 N. L. R. B 247; and Matter of Associated
Suring Corporation, 54 N. L: R. B. 332. '
{
THOMAS L. GREEN & COMPANY 1695
& Company, Indianapolis, Indiana, 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, Sections 10 and it, 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 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 elec-
tion, to determine whether or not they desire to be represented by
United Steelworkers of America, CIO, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.