National Tool Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 897 (N.L.R.B. 1943)

In the Matter of NATIONAL TOOL COMPANY and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA (C. I. 0.)
Case No. R-5628-Decided July 30,1943
Horan c Bell , by Messrs . R. S. Horan and L. M. Prosser, of Cleve-
land, Ohio , for the Company.
Messrs . Leo Turner , Richard Niebur , and John E. Janowitz, of
Cleveland , Ohio, for the C. I. O.
Mr. Fred lVarak , of Cleveland , Ohio, for the Association.
Miss Frances Lopinsky , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America (C. I. 0.), herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of National Tool Company, Cleveland, Ohio,
herein called the Company, the National Labor Relations Board pro-,
vided for an appropriate hearing upon due notice before Claude H.
Eads, Trial Examiner. Said hearing was held at Cleveland, Ohio,
on July 7, 1943. The Company, the C. I. 0., and the United Natco
Workers Association, herein called the Association, appeared, partici-
pated, 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. All parties filed
briefs which have been considered by the Board.
Upon the entire record in the case, the Board makes the following:'
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
National Tool Company is an Ohio corporation having its prin-
cipal office and place of business in Cleveland, Ohio, where it is en-
gaged in the manufacture of metal cutting tools and similar products.
51 N. L. R. B., No. 140.
540612-44-vol 51-58 897
898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The chief raw material used in its Cleveland, Ohio, plant is high-
speed steel. In 1942 it purchased high-speed steel of a value exceed-
ing $100,000, more than 90 percent of which, was purchased from
sources outside the State of Ohio. During the same period, it manu-
factured products of a value exceeding $250,000, more than 50 percent
of which was shipped outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America is a,
labor organization affiliated with the Congress of Industrial Organi-,
nations, admitting to membership employees of the Company.
United Natco Workers Association is an unaffiliated labor organi-
zation, admitting to membership employees of the Company?
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 20, 1943, the C. I. O. orally requested the Com-
pany to recognize it as the sole bargaining representative of the Com-
pany's shop employees. The Company refused such recognition for
the reason that the C. I. O. submitted no, evidence that it represented
a majority of the Company's employees and for the further reason
that the Company was then bound by a contract executed August 1,
1942, with an organization known as the Employees Society of Na=
tional Tool Company, Inc., with which it had contractual relations
since October 1937.2
Statements of the Field Examiner introduced in evidence indicate
that the C. I. O. and the Association each represents a substantial
number of the employees of the Company in the unit hereinafter found
appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
1 The C. I. 0. denied the Association 's status as a labor ' union on the ground that its
organization was admittedly not perfected . The Associations organization agreement
characterized it as a bargaining agency and 190 employees • of the plant signed cards desig-
nating it as their bargaining representative . See Matter of A. P. Steiner et al. and/or
f ennox Furnace Co, 43 N L R B. 1384.
2 The Board ordered this Society disestablished by order dated April 15, 1943 ( C-2532).
This contract is, therefore , no bar to the present proceeding.
8 The C. I 0 submitted 178 cards of employees in the appropriate unit which bore ap-
parently genuine original signatures . The Association presented 124 cards of employees
in the appropriate unit which bore apparently genuine original signatures . The names of
all of the persons appearing on the cards were on the Company 's pay roll of June 15, 1943,
which contained the names of 567 employees in the appropriate unit.
NATIONAL TOOL COMPANY
IV. THE APPROPRIATE UNIT
899
All parties are in agreement that an appropriate unit should in-
clude all production and maintenance employees excluding super-
visory' employees and plant-protection employees. The Company
and the Association would include and the C. I. 0. would exclude
set-up men or assistant foremen, clerical employees, and timekeepers.
Set-up men or assistant foremen: There are about 30 set-up men
in the plant. They work with the production men, setting up the
machines, giving instruction, doing the more difficult work. They
pass on the quality of the work that comes from the machines. Their
recommendations to the foremen are relied upon by the foremen in
questions of'raises, tenure, and related matters. They are considered
supervisors by the men with whom they work. We find that the
set-up men are supervisory employees and shall exclude them from
the unit.
Clerical employees: There are about 130 clerical workers compris-
ing the "front office." the engineering department, standards de-
partment, production control department, costs department, and pur-
chasing department, and various clerks throughout the plant. The
Company does not claim that the work of these departments is sim-
ilar to work done by production and maintenance employees but
insists that it is a necessary and integral part of production. The
Association bases its contention that these clerical workers should
be included on the fact that both plant employees and office em-
ployees work on an hourly basis and on the further fact that the
clerical employees were included in the unit for which the Society
bargained with the Company for the past 2 years 4 The Company
maintains a separate pay roll for these workers and their pay days
are not the same as those of production and maintenance workers.
We do not believe that the factors urged for the inclusion of the
clerical workers are sufficiently strong to warrant our departing from
our usual practice of excluding clerical workers from a unit of pro-
duction and maintenance workers. We, therefore, shall exclude
clerical' workers from the unit.
Timekeepers: There are 12 timekeepers in the plant. They handle
processing and routing of production, keeping a record of the time
taken by each operation and reporting each operation as it is com-
pleted. Although they perform a certain amount of physical labor,
they take no actual part in production and are considered by other
* Inasmuch as the Board has found the Society to be a dominated organization and
ordered its disestablishment , this bargaining history is not a persuasive factor in the
determination of the appropriate unit. Wisconsin Telephone Company, 12 N. L. R B
375. See, also Yale f Towne Mfg Co., 44 N . L. R. B. 1259. -
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees as clerical employees. They are hourly paid employees
carried on the clerical pay roll. In view of the nature of their work
and the status imposed upon them,by both the Company and -fellow
workers, we find them to be clerical workers and shall exclude them'
from the unit.
We find that all production and maintenance employees, excluding
Factory office employees, main office employees, plant-protection em-
ployees, timekeepers, set-up men, and all other supervisory employees
with authority to hire, promote, discharge, discipline or otherwise ef-
fect 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 an election by secret ballot among the em-
ployees of the Company in the unit found appropriate in Section IV,
above, 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 National Tool
Company, Cleveland, Ohio, an election by secret ballot shall be con-
ducted 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 all employees
of the Company 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 dur-
ing said pay-roll period because they were ill or on vacation or tempo-
i aaily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding employees who have since quit or been discharged for cause,
NATIONAL TOOL COMPANY 901
to determine whether they desire to be represented by United Electri-
cal, Radio and Machine Workers of America (C. I. 0.) or by United
Natco Workers Association for the purposes of collective bargaining,
or by neither.
CHAIRMAN MIrLis took no part in the consideration of the above De-
cision and Direction of Election.