49 N.L.R.B. 1134 (N.L.R.B. 1943)

Miami Industries, Inc.

National Labor Relations Board - Board DecisionsMay 26, 1943

49 N.L.R.B. 1134 (N.L.R.B. 1943)

In the Matter of MIAMI INDUSTRIES,`INc. and MECHANICS EDUCATIONAL SOCIETY OF AMERICA (C. U. A.) LOCAL #4 Case No. R--5327.Decided May 26, 1913 lVelles, Kelsey, Cobourn ct Harr4nggton, by Mr. Fred A: Smith, of Toledo, Ohio, for the Company. - " Messrs. Tor Cederwalll and Earl S. Streeter, of Toledo, Ohio, for the Union. Mr. Robert Magi, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition and an amended petition duly filed by Mechanics Educational Society of America (C. U. A.) Local F,,4-4, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Miami'Industries, Inc., Toledo, Ohio, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Louis Plost, Trial Examiner. . Said hearing was held at Toledo, Ohio,-On May 10, 1943. The Company and the Union ap- peared and participated. 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 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. THE BUSINESS OF THE COMPANY Miami Industries, Inc., is an Ohio corporation maintaining its prin- cipal plant. and place of business in Toledo, Ohio. , The Company is engaged in the manufacture of gauges, jigs, and fixtures in which the principal raw materials used are steel, iron, and bronze. The value 49 N L R. B., No. 165. - 1134 I 0 MIAMI INDtiSERIES, INC.11135' of the raw materials used during the year 1942 amounted to $23,000, of which 10 percent was purchased and,shipped to the Toledo plant from points, outside the State, of Ohio. The value of the finished products manufactured by the Company during the same period amounted to $250,000, of which 10 percent' was sold and.shipped to points outside the State of Ohio. The Company is engaged in pro- duction for the war effort. . The Company admits that, it is engaged in commerce within 'the meaning'of the National, Labor, Relations Act. II. THE ORGANIZATION INVOLVED , Mechanics Educational Society of America (C. U. A.) Local #4, is a labor organization admitting - to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION I The, Company has refused to grant recognition to the Union as the ,exclusive bargaining representative of all its employees until the Union has been certified by the Board. A statement of an agent of the Board, 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 the Act. IV. THE APPROPRIATE UNIT The parties stipulate and we find that all employees of the Company, at its Toledo, Ohio, plant, but excluding supervisory employees, execu; tives, and office employees, constitute a unit appropriate for the pur- poses 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- 'The Field Examiner reported that the Union submitted 15 authorization cards, 14 of which bore apparently genuine original signatures ; that the names of 12 persons appearing on the cards were listed on the Company's pay roll of March 5, 1943, which contained the names of 33 employees in the appropriate unit; that the cards were dated between January 5, 1943, and March 25, 1943 ' The Union also submitted a membership list containing five names. Four of the five navies on the list also appeared on the Company's pay roll of March 5, 1943. The dates in the membership list range from December 1, 1940, to December 21, 1942. 0 - 1136 DECISION'S OF. NATIONAL LABOR RELATIONS BOARD, 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. ' 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 Miami Industries, Inc., Toledo, Ohio, an election by secret ballot shall be conducted as early as possible, but not later, than-thirty-'(30) days,fr'om the date of this Direction, under the direction and supervision of the"Wki'onal Director for the Eighth Region, acting 'in- this matfer-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 in- cluding 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, to determine whether or not they desire to be represented by Mechanics Educational Society of America (C. U. A.) Local #4, for, the purposes of collective bar- , gaining.