Cincinnati Bickford Tool Co.

National Labor Relations Board - Board Decisions

Jun 24, 1943

50 N.L.R.B. 799 (N.L.R.B. 1943)

I
In the Matter of CINCINNATI BICKFORD TOOL COMPANY and UNITED
STEELWORKERS OF AMERICA , C. I. O:
Case No. R-5467.-Decided June 24,1943
Frost cC Jacobs, by Mr. Cornelius J. Petzhold, and Gatch, McLaugh-
lin cPc Gatcha, by Mr. John M. Gatchi, of Cincinnati, Ohio, for the com-
pany.
Mr. Julius Holzberg, 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 United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Cincinnati
Bickford Tool Company, Cincinnati, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Thomas E. Shroyer, Trial Examiner. Said
hearing was held at Cincinnati, Ohio, on June 1, 1943. The Company
and the Union appeared at and participated in the hearing.' All
parties 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 ruling 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cincinnati Bickford Tool Company is engaged in the manufacture
of metal drilling machinery at Cincinnati, Ohio. Over 50 percent
of all raw materials used by the Company is shipped to it from points
outside the State of Ohio. The Company sells finished products val-
1 Although United Electrical , Radio & Machine Workers of America , C. I. 0., was served
with notice of hearing , it did not appear.
50 N. L. R. B., No. 111.
799
800 DECISIONS OF NATIONAL LABOR R 'ELATION'S BOARD'
ued in excess of $5,000,000 annually, approximately 90 percent of
which is shipped to points outside the State of Ohio.
II. THE ORGANIZATION INVOLVED
'United Steelworkers of America ' is a labor organization affiliated
with the Congress of Industrial Orgai izations , admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 6, 1943, the Union requested recognition as the exclusive
collective bargaining representative of the Company's employees.
The Company refused this request.
A statement of the Regional Director, introduced ' into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
of the Company, including timekeepers and the shop porter, but ex-
cluding supervisory, office, clerical, and plant-protection employees,
engineering and cost department employees, office porters, company
chauffeurs, and office elevator operators, constitute an appropriate
unit. The only controversy with respect to the unit concerns time-
keepers and two named alleged supervisory employees.
The .Company employs - nine persons classified by it as timekeep-
ers. The Union requests that they be included in the unit and the
Company, urges that they be excluded. The timekeepers work under
the supervision of the cost department and their work is purely cleri-
cal in nature. Under the circumstances we shall exclude timekeepers
from the unit.
Giesebrecht and Feely are' classified ,by the Company as supervisor
of maintenance, units and matched production units, respectively.
The,Union requests that they be included iii the unit and the Com-
pany urges that they be excluded on the ground that they are super-
yisory employees. The reco'r'd 'discloses that Giesebrecht' and Feely
have the authority to recomii end the hire and discharge of their sub-
ordinates and are responsible for the work performed by the men in
their units. We find that Giesebrecht ahd Feely are supervisory
employees, and we shall exclude them from the unit.
0
The Regional Director repotted the Union presented 242 membership-application cards
bearing apparently genuine signatures of persons whose names appear on a current pay
roll-of the Company. There ate approximately 700 employees in the appropriate unit.
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CINCINNATI BICKFORD TOOL COMPANY 801
r
We find that all production and maintenance employees of the
Company, including the shop porter, but excluding supervisory , ,office,
clerical, and plant-protection employees , engineering and cost depart-
ment employees , -office porters , company chauffeurs , office elevator
operators , timekeepers , Giesebrecht , and Feely , 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately precedinig' 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 2, As amended , it is_ hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cincinnati Bick-
ford Tool Company, 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 super-
vision, of the- Regional Director for the Ninth Region, acting in this
matter as agent for the National-Labor Relations Board, and sub-
ject. to Article III, Section 10, 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
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, to determine•whether
or not they desire to be represented by United Steelworkers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining...