Littleford Brothers, Inc.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 949 (N.L.R.B. 1943)

In the' Matter of LITTLEFbID BROTHEi1S ; INC.' and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS, A. F. OF L.
Case No. R-5273.-Derided May 20, 1943 '
Frost d Jacobs by Mr . Cornelius J. Petzhold, of Cincinnati, Ohio,
for the , Company.
Messrs: William, V. Montague and`Peter G. Noll, of Norwood, Ohio,
for the U. A. W. t
Mr. Joseph A. Roach,; of Cincinnati, Ohio, and Messrs . Roy C. Filer
and Elmer Bernhardt, of Covington ; Ky., for the Association.
Mr. William R. Cameron;'Of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
,STATEMENT OF THE CASE :
Upon petition duly filed by International Union, United Automobile
Workers, A.F. of L., herein called the U. A. W., alleging that a ques-
tion affecting, commerce had arisen concerning the representation of
employees of Littleford Brothers, Inc., Cincinnati, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Thomas E. Shroyer, Trial
Examiner. Said hearing was held -at Cincinnati, Ohio, on May 4,
1943. The Company,, the U. A. W., and Littleford Brothers Em-
ployees Association, herein called the Association, appeared, par-
ticipated; 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
1. TIIE BUSINESS OF THE COMPANY
Littleford Brothers, 'Inc., an Ohio corporation, has its principal
office and place of business in Cincinnati, Ohio, where it is engaged
49 N. L R. B., No. 136.
949
950 , DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
in the manufacture of road building and maintenance equipment and
miscellaneous plate and sheet steel products. Its principal raw ma-
terial is steel and iron, of which approximately 50 percent is obtained
from points outside the State of Ohio. Of the Company's finished
products, amounting in annual value, to more than $500,000, approxi
mately 75 percent, is shipped to points_outside,the State of Ohio. The
Company concedes that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANXZATIONS,f INVOLVED
International Union, United.. Automobile Workers, is ' a ' labor or-
ganization affiliated with the American Federation of Labor, admit-
ting to membership employees of the .Company.
Littleford Brothers Employees Association is an unaffiliated labor
organization admitting Ito membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 16, 1942, the Association, having been chosen by the em-
ployees as exclusive bargainirig- agent in a consent, election held under
the auspices of the Board, entered into a contract with the Company
effective until April 15, and thereafter until terminated by either
party upon 30 days' written notice. On March 26, 1943, the U. A. W.,
by ' letter;' requested the 'Coinpaliy to recognize it 'as the 'bargaining
agent of the employees.'{ Shortly'thereafter the' Association-requested
a conference with the Company' in, =reference to renewal of-the' con-
tract:'The' Company -informed the Association of the 'clan==s' of'the
U. A. -W:,1 and' also ' informed th'e' U. A. W. that, "in view • of the coh-'
fl'ictiii claims of representation which had been' presented; the Com-
pany`would n`ot bargain with° either union unless one of }there should
be' certified as the exclusive represehtative,by`the Board.; ' ' '
A, statement of the Field Examiner,' introduced in ' evidence at the
, hearing, ind icates' that the U.' A. W. r'epresents a substantial r number
of employees in the' unit hereinafter 'found appropriate 1
We'find that a 'question ' affecting commerce •ha`s 'arisen ' concerning
the representation of employees of the''Company 'iithin'the^ meaning
of Section 9 (c) and Section 2' (6) and (7),6f the Act.
1 The Field Examiner reported that the U. A. W. had submitted 109 authorization cards,
of which 99 appeared to bear genuine original signatures and 10 bore printed signatures.
Of the cards so submitted 90 bore , the names , of persons whose names appear on the Com-
pany's pay roll dated April 18, 1943, containing a total of 188 names of employees in the
unit claimed appropriate . Of the cards corresponding to names on the pay roll , 20 were
undated, : 1 dated in - February 1943, and 69iweie dated in March and April 1943.'
LITTLEFORD BROTHERS, INC. 951
IV. THE APPROPRIATE UNIT
The parties are agreed that the unit should consist of all production
and maintenance employees, including janitors and watchmen, but
excluding supervisory and clerical employees and those who have the
right to hire or discharge. This is substantially the, unit covered
in the above-mentioned contract between the Association and the
Company.
The Company employs a number of watchmen, all of whom do other
work in addition to protecting the plant. They do not wear uniforms,
and, with one exception, are not armed. In view of the desire of all
the parties, and since no sufficient reason appears for the exclusion of
watchmen as a group, we shall include them in the unit. It developed
at the hearing, however, that'one of the watchmen, Van Pelt, is armed
and has been'-sworn in as a member 'of the auxiliary police. In ac-
cordance with 'our usual policy of excluding • armed and specially
deputized guards, we shall therefore exclude Van Pelt from the unit.
At the hearing controversy developed' with respect to employee
Fred Shultz, who the Company contends should be included. The-
U. A. W. contends that he is a foreman and should be excluded. - The
evidence does not clearly indicate whether or not he is sometimes in
charge of a night shift at one of the plants. He is, however, an out-
side erector who is sent out for periods of time to take charge of a
gang of men working on erecting jobs. We find that he is a super-
visory employee and shall exclude him.
We find that all production and maintenance employees of the
Company, including janitors and watchmen, but excluding super-
visory and clerical employees, those who have the right to hire or
discharge, and armed or militarized guards, constitute a unit appro-
priate 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
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.
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
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Littleford
Brothers, Inc., 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 Regional Director for the Ninth Region, acting in this matter
as i 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 temr
porarily 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, they desire,. to be represented by International
Union; United . Automobile 'Workers, affiliated with the American
Federation of.'Labor, or by Littleford Brothers Employees Associa-
tion, for,the purposes of collective bargaining, or by neither.