Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1006 (N.L.R.B. 1943)

o In the Matter of ELECTRIC AUTO -LITE COMPANY (TOLEDO TANK DEPOT)
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL No. 12,
C.I.O.
Case No. R-5412.-Decided June 30,,1943
Mr. James P. Falvey, of Toledo, Ohio, for the Company.
Dlr. Lowell Goerlich, of Toledo, 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 Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, Local
No. 12, C. I. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of,employees
of Electric Auto-Lite Company, (Toledo Tank Depot), Toledo, Ohio,
herein called the Company, the- National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Louis Plost,-
Trial Examiner. Said hearing was held at Toledo, Ohio, on May 24,
,1943. 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Electric Auto-Lite Company is an Ohio corporation operating
plants at Toledo, Ohio, where it is engaged in the manufacture of var-
ious types of war material. During 1942 the Company purchased raw
material for use at its Toledo plants valued in excess of $1,000,000,
over 50 percent of which was shipped to it from points outside the
50 N L. R. B., No. 146.
1006'
ELECTRIC AUTO=LIT'E COMPANY 1007
State of Ohio, During the same period the Company manufactured
products at its Toledo plants valued in excess of $5,000,000, over 50
percent of which was shipped to points outside the State of Ohio. - We
are here concerned with its plant known as the Toledo Tank Depot._
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural-
Implement Workers of America, Local No. 12, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION .
On November 1, 1942, the Union, claiming to represent a majority
of the employees at the Toledo Tank Depot, asked 'the Company for
recognition as exclusive collective bargaining representative of such
employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number 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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all employees at the Toledo Tank Depot of
the Company; including leadermen, but excluding auxiliary military
police, supervisors, foremen, assistant foremen, and office employees
in the pay roll and accounting departments, management office, per-
sonnel department, employment office, general superintendent' s office
except work-order checkers, and drafting, time-study, purchasing and
planning departments, constitute an appropriate unit. The parties
are in disagreement with respect to 10 groups of alleged office em-
ployees and safety men.
The Union would include work-order checkers in the general super-
intendent's office, employees in the radio department engaged in cleri-
cal work, clerical employees in the stores and, inspection departments,
pay roll time checkers, clerical employees in the traffic, stock control,
shipping, truck transportation, over short and damaged, and salvage
i The Field Examiner reported that the Union presented an authorization petition bear-
ing apparently genuine signatures of 454 persons whose names appear on the Company's
pay roll of March 22„ 1943. There are 1,387 employees on that pay roll who are in the
appropriate unit.
1008' ' DECISIONS OF NATIONAL'"LABOR RiElATIONS BOAiRD
departments, checkers in-Department 36, and clerks in, the receiving
department, in the unit. The Company requests that all such employ-
ees be excluded from the unit. The record indicates that all the above-
described employees are primarily engaged in the performance of
clerical duties. Our usual practice has been to exclude clerical and
office employees from a, unit largely composed of production and main-
teliance employees, inasmuch as their status and function are essen-
tially different from the status and function of employees who do
manual labor. Since,no affirmative showing has been made nor any
compelling arguments advanced as to why we should depart from this
practice, we shall exclude all such employees from the unit.
The Union urges that safety men be\ included in the unit,and the
Company requests that they be excluded. The safety men work
throughout the plant checking on fire and accident equipment. They
are under the supervision of the personnel department. Inasmuch as
their duties are dissimilar to those of the production and maintenance
employees, we shall exclude safety men from the unit.
We find that all employees at the Toledo Tank Depot of the Com-
pany, including leadermen, but excluding auxiliary military police, all
office, employees in the pay roll and accounting departments, manage-
ment office, personnel department, employment office, general super-
intendent's office, and drafting, time-study, purchasing and planning
departments, work-order - checkers in the general superintendent's
office, all clerical employees in the radio department, all clerical em-
ployees in the stores and inspection departments, pay roll time,
checkers, clerical employees in the traffic, stock control, shipping,
truck transportation, over short and damaged, and salvage depart-
ments, checkers in Department 36, clerical employees in the receiving
department, and safety men, and foremen, assistant foremen, and
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
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 means of an election by secret ballot among
the employees 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.
- By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9, (c) of the National Labor Rela-
ELECTRIC AUTO-'LITE COMPANY 1009 ,
DIRECTION OF ELECTION
tions 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 Electric Auto-
Lite Company, (Toledo Tank Depot), Toledo, 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, 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 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, to
determine whether or not they desire to be represented by Inter-
national Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, Local No. 12, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
MR. GER.^RD D. REIUi,Y took no part in the consideration of the
above Decision and Direction of Election.