The Van Dorn Iron Works Co.

National Labor Relations Board - Board Decisions

Jun 29, 1943

50 N.L.R.B. 955 (N.L.R.B. 1943)

In the Matter of THE VAN DORN IRON WORKS COMPANY and INTER-
NATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. R-547..Decided June 09, 1913 ,
Mr. James W. Havighurst, of Cleveland, Ohio, for the Company.
Maurice Sugar cC N. L. Smokier, by Mr. N. L. Smokier, of Detroit,
Mich., for the CIO. , I
Messrs. Martin L. Sweeney and James P. McWeeney, both of Cleve-
land, Ohio, for the AFL.
Mr. Glenn; L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
1 '
Upon'petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America (UAW-
CIO), herein called the CIO, alleging that a 'question affecting com-
merce had arisen concerning the representation of employees of The
Van Dorn Iron Works Company, Cleveland, Ohio, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Louis Plost, Trial Exam-
" iner. Said hearing was held at Cleveland, Ohio, on May 29, 1943.
The Company, the CIO, and Federal Labor Union, Local No. 18593
(A. F. of L), herein called the AFL, 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 prej-
udicial error and are hereby affirmed. All parties were afforded op-
portunity to. file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Van Dorn Iron Works Company, an Ohio corporation with'its
office and principal plant in Cleveland, Ohio, is engaged in the manu-
facture 'of armor plate for tanks, 'aircraft and gun carriages,- all of
50 N. L R. B., No.,'134.
955
956 DECISIONS OF- NAfr'IONAL LABOR RELATIONS; BOAJVD
which is sold for use, by the armed forces of the United States. In
addition to the above items, the Company produces syphons and
fireboxes for locomotives. The principal raw material used by; the
Company is alloy steel. The Company purchases 33 percent of its
raw materials from sources outside the State of Ohio, and ships to
points outside the State of Ohio 98 percent of its finished products.
During, the year 1942, the Company used: raw materials valued at
more than $100,000, while the value of its finished products over the
same period exceeded $150,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
'International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Federal Labor Union, Local No. 18593, affiliated -with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on May,3, 1943, the CIO requested
recognition by the Company as the exclusive bargaining representa-
tive of the Company's employees at, its Cleveland plant and that
the Company refused to grant such recognition until there has been
a certification by the Board.
The AFL contends that its contract with the Company constitutes
a bar to this proceeding. This contract, however, expired on April
10, 1943 and has not been renewed. No new contract has been exe-
cuted since the CIO notified the Company of its interest.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the CIO represents a sub-
stantial 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 stipulated and we find that the unit established by the
previous collective bargaining between the Company and the AFL to
' The Field Examiner reported that the CIO submitted 322 designation cards bearing
the apparently genuine signatures of persons whose names appear on the, Company's pay
roll of May 12, 1943, which contained the names of 469 persons in the appropriate unit.
The AFL relies upon its contract to establish its interest.
THE' VAN DORN IRON WORKS COMPANY 957
wit : all production and maintenance employees, excluding office
workers, plant-protection employees, and supervisory employees,
namely, those with power to hire, discharge, discipline, or otherwise
effect'changes in the status of employees, or effectively to recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION Or 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
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 Natitonal Labor Re-
lations 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 Van Dorn
Iron Works Company, Cleveland, 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 supervi-
sion 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 tem-
porarily 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 they desire to be represented by
International, Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, or by Federal Labor Union,, Local 18593,
affiliated with the American Federation of Labor; for the purposes
of collective bargaining, or by neither.
CHAIRMAN Mu LIS took no part in the consideration of the- above
Decision and Direction of Election.,