The Monarch Machine Tool Co.

National Labor Relations Board - Board Decisions

Mar 16, 1943

48 N.L.R.B. 111 (N.L.R.B. 1943)

In the Matter of THE MONARCH MACHINE TOOL Co. and UNITED
ELECTICAL, RADIO AND MACHINE WORKERS OF AMERICA (CIO)
Case No. R-4934.-Decided March 16, 1943
Jurisdiction : machine tools manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize the union until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees with specified inclusions and exclusions, stipulation as to.
Messrs. Chester lhikodym and J. H. 11Walker, both of Cleveland,
Ohio, and Mr. D. H. McKellar, of Sidney, Ohio, for the Company.
Mr. Arthur L. Garfield, of Dayton, Ohio, and Mr. Paul Duninan, of
Sidney, Ohio, for the Union.
Mr. David V. Easton,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petition duly filed by United Electrical,. Radio and Machine
Workers of America (CIO), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Monarch Machine Tool Co., Sidney, Ohio, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Louis Plost, Trial Ex-
aminer. Said hearing was held at Sidney, Ohio, on February 25, 1943.
The Company and the Union. appeared,' participated, and were af-
forded 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:
'International Association of Machinists was duly apprised of the instant proceeding
but did not appear
48 N. L. R. B., No. 22.
Iii
112 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Monarch Machine Tool Co., an Ohio corporation with it's
principal plant and office located at Sidney, Ohio, is engaged in the
manufacture of machine tools. The yalue of the raw materials used
by the Company in the manufacture of its product, and the value of
its finished products, for the year 1942 amounted in each instance to
more than $1,000,000. Over 50 percent of the raw materials used by
the Company is received from points outside the State of Ohio. The
Company is entirely engaged in production for the national war
effort, and admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, af-
filiated with the Congress of Industrial Organizations, is a labor
organization admitting, to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive bargaining rights to
the Union, because of a doubt with regard to the Union's majority
status, until there has been a certification by the Board.
A statement of the Field E:aminer, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2
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
In accordance with a stipulation between the parties, we find
that all production and maintenance employees at the Company's
'Sidney, Ohio, plant, including toolroom employees, production con-
trol department stock chasers, inspectors, receiving and shipping em-
ployees, boiler room employees and janitors, but excluding foremen,
group leaders, office employees, guards, technical employees (designing
2The , Field-, Exammer,. repor,ted that ,lhe Union , submitted 1,213 designation cards bear-
ing apparently genuine , original signatures . These-cards were submitted in=support of its
contention that it represented 55 percent of the employees in the ' appropriate unit. No
check of the Company 's pay roll was made, as the Company declined to furnish a pay roll.
It was stipulated at the hearing that there are approximately 2,000 employees in the appro-
priate unit.
THE MONARCH MACHINE TOOL CO. 113
engineers and draftsmen), service men, and cafeteria employees,.
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
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 Rela-
tions 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 The Monarch
Machine Tool Co., of Sidney, Ohio, 'an election by secret ballot
shall be conducted as early as possible, but not later that thirty (30),
days from the date of this Direction, under the direction and super-
vision 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 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 including 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 United Electrical, Radio and Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.