The Kilgore Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 9, 1943

47 N.L.R.B. 1434 (N.L.R.B. 1943)

In the Matter of THE KILGORE MANUFACTURING COMPANY, INTERNA-
TIONAL, FLARE-SIGNAL DIVISION and CHEMICAL WORKERS UNION
#23274, A. F. OF L.
Case No. R-4912.-Decided March 9, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal'to grant recognition until union availed itself of "procedure established by
law to prove its claim of majority representation;" election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees at one plant of company, with specified exclusions ; stipulation as to.
Stanley & Smoyer, by M11r. Eugene B. Schwartz, of Cleveland, Ohio,
for the Company.
Mr. Alfred T. Murphy, of Lima, 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 Chemical Workers Union #23274,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Kilgore Manufacturing Company, International Flare-Signal
Division, Tipp City, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Louis Plost, Trial Examiner. Said hearing was held
at Tipp City, Ohio, on February 19, 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
1. THE BUSINESS OF THE COMPANY
Kilgore Manufacturing Company is an Ohio corporation with its
principal office at Westerville, Ohio. We are here concerned with its
47 N. L. R. B, No. 183.
1434
THE KILGORE MANUFACTURING COMPANY 1435
plant at Tipp City,, Ohio, known as the International Flare-Signal
Division, where it is engaged in the manufacture of flares and signals
for the United States Army and Navy. During 1942 the Company
purchased raw materials for use at its International Flare-Signal
Division valued in excess of $1,000,000,75 percent of which was shipped
to it from points-outside the State of Ohio. During the same period,
the Company shipped finished products to points outside the State
of Ohio valued in excess of-$1,000,000. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
U. THE ORGANIZATION INVOLVED
Chemical Workers Union #23274 is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On.January,13,4943,°,the Union requested the Company',for exclu-
sive recognition. The Company denied this request until such time
as the Union availed itself "of the procedure established by law to
prove its claim of majority representation."
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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
We find, in accordance with a stipulation of the parties, that all
production and. maintenance, employees at the International Flare-
Signal Division of the Company, excluding office employees, super-
visory employees with the authority to hire or discharge, and auxiliary
military police, 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 Field Examiner reported that the Union presented 215 membership application or
authorization cards bearing apparently genuine signatures of persons whose names appear
on the Company's pay roll of February 2, 1943. There are approximately 600 employees
in the appropriate unit.
1436 DEiCISJONS OF NATIONAL LABOR RELATIONS BOARD
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 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 Kilgore
Manufacturing Company, International Flare-Signal Division, Tipp
City, 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 appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
any such 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 any who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Chemical Workers Union #23274,, affiliated'
with the American Federation of Labor, for the purposes of-collective
bargaining.