Alliance Ware, Inc.

National Labor Relations Board - Board Decisions

Apr 8, 1946

67 N.L.R.B. 109 (N.L.R.B. 1946)

In the Matter of ALLIANCE WARE, INC. and UNITED STEELWORKERS OF
AMERICA, C. I. O.
Case No. 8-R-2062.-Decided April 8, 1946
Mr. Br nice W. Eaken, of Cleveland, Ohio, for the Company.
Mr. H. E. Knapp, of Alliance, Ohio, for the Steelworkers.
Mr. Harry E. Moreland, of Alliance, Ohio, for the Independent.
Mr. F. G. Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the Steelworkers, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Alliance Ware, Inc., Alliance, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before George F. Hayes, Trial Examiner. The
hearing was held at Alliance, Ohio, on February 7, 1946. The Com-
pany, the Steelworkers, and the Alliance Porcelain Products Em-
ployees Association, Inc., herein called the Independent, which was
given permission to intervene by the Trial Examiner, appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. At the hearing and in their briefs, the Inde-
pendent and the Company moved for the dismissal of the petition
upon the grounds discussed in Section III, infra. Rulings on said
motions were reserved by the Trial Examiner for the Board. For
reasons hereinafter stated, the motions are 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.
67 N. L. R. B., No. 13.
109
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Alliance Ware, Inc., is an Ohio corporation engaged in the manu-
facture of bath tubs, wash tubs, lavatories, and sinks. During the past
year, the Company purchased raw materials in excess of $500,000, of
which 10 percent came from outside the State of Ohio. The sales
of finished products amounted to in excess of $1,500,000, of which 95
percent was shipped outside the State of Ohio.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Alliance Porcelain Products Employees Association, Inc., is a labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 9, 1940, a consent election was held among the em-
ployees of the Company. As a result of this election, the Independent
was certified by the Regional Director for the Eighth Region as the
sole bargaining agent for the employees of the Company. Since that
time, the Company has bargained with the Independent. On Jan-
uary 26, 1945, a contract was negotiated between the Company and
the Independent which, by its terms, would have expired on January
26, 1946. On December 12, 1945, the Acting Regional Director for
the Eighth Region directed a letter to the Company stating that the
Steelworkers had filed a petition alleging that a question concerning
representation existed as to certain employees of the Company. On
January 4, 1916, 22 days before the expiration of the above-mentioned
contract, and after receipt of notice of the filing of the petition herein
by the Steelworkers, the Company entered into a new contract with
the Independent. The Company and the Independent have moved
to dismiss the petition of the Steelworkers on the ground that the new
contract is a bar to a determination of representatives. Under the
circumstances, the new contract is not a bar to an investigation and
determination of representatives and the motion to dismiss is accord-
ingly denied'
^ See Matter of Sterling Engine Company , 41 N. L R. B 191 ; Matter of General Chem-
ical Company, 48 N. L. R. B. 988; Matter of J. M. Portela & Company, Inc., 61
N L R. B. 64.
ALLIANCE WARE, INC. 111
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Steelworkers represents a substantial 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
We find that all production and maintenance employees, including
group leaders and set-up men but excluding foremen, assistant fore-
men, clericals, timekeepers, time-study employees, watchmen, jan-
itors, production scheduling clerks, and all or any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect 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
A ct.3
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 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 Re-
lations Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Alliance Ware,
Inc., Alliance, Ohio, an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of
2 The Field Examiner reported that the Steelworkers submitted 140 signed cards
There are approximately 255 employees in the appropriate unit The Company contends
that the statement of the Field Examiner is not sufficient because no proof was offered
that the signatures were genuine and for the further reason that the signatures were not
checked against a pay-roll list We find the Company's contentions are without merit.
Authenticity of the cards is not a matter for challenge or litigation by other parties
Matter of Allis -Chalmers Manufacturing Company , 56 N. L R . B 203 ; Matter of Ameri-
can Finishing Company , 54 N L . R B. 996 , Matter of Frigidaire Division , General
Motors Corporation, 54 N L R . B 55, Matter of H G. Hills Stores, Inc, Warehouse, 39
N L R. B 874 ; Matter of Jasper Chair Company, 63 N L R. B 632; Matter of Baker
& Company, Inc, 65 N . L R. B 646.
3 This is the unit petitioned for by the Steelworkers , and the one previously bargained
for by the Independent . It does not appear that there is any disagreement among the
parties as to the appropriateness of this unit.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Sec-
tions 10 and 11, of said Rules and Regulations, among 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 and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether or not they desire to be represented by United Steel-
workers of America, C. I. 0., or by Alliance Porcelain Products Em-
ployees Association, Inc., for the purposes of collective bargaining,
or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.