The Baldwin Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 868 (N.L.R.B. 1943)

In the Matter of THE BALDWIN COMPANY and UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
U. A. W.-C. 1. 0.
Case No. R-5675.-Decided July 30,1943,
Frost cC Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati,,Ohio,
for the Company.
Mr. Jack Meth•ard, of Cincinnati, Ohio, for the U. A. W.-C. I. O.
Mr. Joseph A. Roach, of Cincinnati, Ohio, for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, U. A. W.-C. I. 0., herein
called the U. A. W.-C. I. 0., alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Baldwin Company, 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 in Cincinnati, Ohio, on July 13, 1943. At the
commencement of the hearing, the Trial Examiner granted a motion
of Baldwin Employees Association, herein called the Association, to
intervene. The Company, the U. A. W.-C. I. 0., and the Associa-
tion appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. During the course of the hearing, coun-
sel for the Association moved to dismiss the petition. The Trial
Examiner reserved ruling. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
All parties were afforded opportunity to file briefs with, the Board.
Upon the entire record in the case, the Board makes the following:
51 N. L. R. B., No. 134.
868
THE BALDWIN COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
869
The Baldwin Company is an Ohio corporation with its principal
place of business at Cincinnati, Ohio, where it is engaged in the manu-
facture of aircraft parts. Over 90 percent of all raw material used by
the company is shipped to it from points outside the State of Ohio.
The Company sells finished products valued in excess of $1,000,000
annually, approximately 3 percent of which is shipped by it to points
outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America is a labor organization, affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the com-
pany.
Baldwin Employees Association is an unaffiliated organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 4, 1943, the U. A. W.-C. I. O: requested the Company to
recognize it as the exclusive collective bargaining representative of its
employees . The Company did not reply to this request.
On July 19, 1938, the Company and the Association entered into an
exclusive bargaining contract . Said contract was renewed on July 19,
1942 , for a period of 1 year . The Association contends that its con-
tract constitutes a bar to the instant proceeding and urges that the
petition be dismissed . The contracts provides that it shall continue
after July 19, 1943, unless modified or amended by the parties thereto.
Inasmuch as the U. A. W.-C. I. O. made its claim upon the Company
prior to July 19, 1943, and the contract is for an indefinite period of
time after that date , we find that the contract does not constitute.a bar
to a determination of representatives at this time.
A statement of a Field Examiner of the Board , introduced into evi-
dence at the hearing , indicates that the U. A. W.-C. I. O. represents a
substantial number of employees in the unit hereinafter found to be
appropriate.1
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
9f Section 9 (c) and Section 2 (6) and (7) of the Act.
'The Field Examiner reports that the U. A. W: C. I O. submitted 50 authorization
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll of June 19 , 1943. There are approximately 90 employees In the appropriate
unit. The Association did not present any evidence of representation , but relies upon its
contract as evidence of Its interest In the instant proceeding.
870 DECISIONS OF NATIONAL LABOR RIELMONS BOARD
IV. THE APPROPRIATE UNIT
The U. A. W.-C. I. O. and the Association urge that all plant-pro-
tection employees of the Company, including sergeants, but excluding
captains and lieutenants, constitute an appropriate unit., The Com-
pany took no position with respect to the unit. Evidence introduced
at the hearing indicates that the employees claimed by the labor or-
ganizations constitute a well-defined homogeneous group.
We find that all plant-protection employees of the Company, in-
cluding sergeants,2 but excluding captains, lieutenants, or any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively 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 in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 The Baldwin Com-
pany, 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 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'-
eluding employees in the armed forces of the United States who
2 The record reveals that the sergeants ,do not perform any supervisory duties.
THE BALDWIN COMPANY 871
present themselves in person at the polls, but excluding any who have
since quit or been discharged for cause, to determine whether they de-
sire to be represented by United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, or by Baldwin Employees Association, for
the purposes of collective bargaining, or, by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.