Cleveland Pneumatic Tool Co.

National Labor Relations Board - Board Decisions

Mar 24, 1944

55 N.L.R.B. 746 (N.L.R.B. 1944)

In the Matter Of CLEVELAND PNEUMATIC TOOL COMPANY and METAL
POLISHERS INTERNATIONAL UNION
0
In the Matter of CLEVELAND PNEUMATIC TOOL COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 54
In the Matter of THE CLEVELAND PNEUMATIC TOOL COMPANY and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
(CIO)
Cases Nos . 8-R-1330,8-R-1375 and 8-R-1377 respectively .Decided
March 24, 1944
Messrs. Fred J. Perkins, John E. Ren f er, and Paul Black, all of
Cleveland, Ohio, for the Company.
Mr. Ray Kelsay, of Cincinnati, Ohio, and Mr. Ray Muehlhoffer, of
Cleveland, Ohio, for the Metal Polishers.
Messrs. John J. Murphy and Nick Charo, both of Cleveland, Ohio,
for the I. A. M.
Mr. David Scribner, of New York City, and Messrs. Fred Haug
and Fred Keller, both of Cleveland, Ohio, for the U. E.
Horan c Bell, by Mr. R. S. Horan, of Cleveland, Ohio, and Mr.
George H. Sherman, of Cleveland, Ohio, for the Social Club.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Metal Polishers International
Union, herein called the Metal Polishers, International Association of
Machinists, District 54, herein called the I. A. M., and United Elec-
trical, Radio & Machine Workers of America (CIO), herein called
the U. E., alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Cleveland Pneumatic Tool
Company, Cleveland, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate consolidated
hearing upon due notice before Louis Plost, Trial Examiner. Said
hearing was held at Cleveland, Ohio, on January 31, 1944. The
55 N. L. R. B., No. 133.
746
CLEVELAND PNEUMATIC TOOL COMPANY 747
Company, the Metal Polishers, the I. A. M., the U. E., and the United
Social Club and Employees Association, herein called the Social Club,
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. The I. A. M. made a motion at the hear-
ing to withdraw a waiver which it filed in this proceeding with
respect to Case No. 8-C-1391; the Trial Examiner referred this mo-
tion to the Board. However, subsequent to the hearing, the I. A. M.
withdrew its motion by letter dated March 3, 1944. Accordingly, no
ruling upon the motion is required. 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, n4kes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cleveland Pneumatic Tool Company, an Ohio corporation, main-
tains and operates a plant at Cleveland, Ohio, which is presently en-
gaged in the manufacture of aircraft parts and pneumatic appliances.
During the year 1942 the Company used raw materials at the Cleveland
plant valued at approximately $4,000,000, of which about 10 percent
was shippped to said plant from points outside the State of Ohio.
During the same period the Company manufactured finished prod-
ucts at the Cleveland plant having an approximate value of $27,000,000,
of which about 95 percent was shipped to points outside the State
of Ohio. The Company is presently engaged in the manufacture of
products for the national war effort and admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Association of Machinists, District 54, and Metal Pol-
ishers International Union are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
United Social Club and Employees Association is an unaffiliated
labor organization, admitting to membership employees of the
Company.
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
By letters dated April 28, May 13, and July 28, 1943, respectively,.
the U. E., the I. A. M., and the Metal Polishers each requested recog-
nition from the Company as the bargaining representative of certain
of its employees. The Company made no reply to these letters.
A statement of the Board's Field Examiner, introduced into evi-
dence at the hearing, indicates that the U. E., and the Metal Polishers
each represents a substantial number of employees in the units each
proposes.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning of
Section 9 (c) and Sections 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Metal Polishers seeks a unit composed of all employees of the
Company engaged as metal polishers , buffers, platers, and helpers, ex-
cluding supervisory employees and all other employees. The I. A. M.,
the U. E., the Social Club, and the Company agree upon the propriety
of an industrial unit composed of all production and maintenance ein-
ployees, nicluding timekeepers, but excluding all other clerical
employees, militarized plant-protection employees, and supervisory
employees, with the exception that the I. A. M. would exclude from its
proposed unit, in addition to the foregoing exclusions, those employees
in the unit sought by the Metal Polishers.
On April 4, 1939, an agent of the Board conducted an election among
all production and maintenance employees of the Company including
employees sought herein by the Metal Polishers. As a result of this
election, the Company recognized the Social Club as the bargaining
representative of this group , entering into contractual relations with
I The statement of the Field Examiner with respect to the designations submitted by the U E., the
I. A. M., and the Metal Polishers hearing apparently genuine original signatures of persons whose names
appear upon the Company 's pay roll dated December 31, 1943, may be summarized by the following chart
Nance of organization
U E ---------------------------------------------------------------------
Metal Polishers ---------------------------------------------------------I A. M-- ----------------------------------------------------------------
Number in
unit pro-
posed by
organiza-
tion
2,852
42
*2,810
Number of
designa-
tions
submitted
961
26
341
*The Field Examiner actually reported that there were 2,852 employees in this unit, since at the
time he conducted his investigation , the I A AT was seeking a unit identical with that sought by
the U E However , the I A M amended its proposed unit at the hearing by excluding therefrom
employees in the unit sought by the Metal Polishers
The Social Club submitted no showing of authorizations in support of its motion to intervene . The record
discloses , however , that in 1939 it won a consent election conducted by an agent of the Board (Case No
8-R-180 ) and that it has continued to represent employees of the Company.
CLEVELAND PNEUMATIC TOOL COMPANY 749
it which continued until December 21, 1943. On that date, however,
pursuant to unfair labor practice charges filed by the I. A. M., the
Board issued an order directing, inter alia, that the Company cease
recognizing the Social Club as the bargaining agent of its employees
until the Social Club has been certified as such by the Board, and, in
addition, cease giving effect to its current contract with that organiza-
tion. Under these circumstances, we find that the prior history of
collective bargaining with the Company is in no wise controlling upon
the unit issue in the instant proceeding.
The Board's order in the unfair labor practice proceeding rested in
part upon a finding that set-up or AA men were supervisory employees.
The record in the present proceeding indicates that no substantial
,change in the functions and duties of these employees has taken place
since the issuance of the Board's order. Accordingly, we shall exclude
set-up or AA men from the voting groups hereinafter designated.
The Metal Polishers seeks a unit coterminous with its craft jurisdic-
tion. We have frequently found that employees engaged in classifica-
tions identical with those sought by the Metal Polishers constitute a
functionally skilled and identifiable craft, traditionally represented as
such for the purposes of collective bargaining.' On the other hand,
the duties and interests of these employees indicate that they may
properly be included within a broader industrial unit for collective
bargaining purposes. In the instant proceeding, two labor organiza-
tions seek to represent them as part of an industrial unit. Under simi-
lar circumstances, we have customarily permitted these employees to
express a preference with respect to their collective bargaining agent,'
and no sufficient reason appears in the present case why an opportunity
to express this preference should not be afforded. Accordingly, we
shall make no final determination with respect to the appropriate unit
or units at this time, but shall permit such determination to depend, in
part, upon the outcome of the elections hereinafter directed.
We shall direct that separate elections by secret ballot be held among
the employees in each of the voting groups set forth below, who were
employed during the pay-roll period immediately preceding the date of
the Direction of Elections herein, subject to the limitations and addi-
tions set forth in the Direction. There shall be excluded from each of
such voting groups, in addition to others specifically mentioned therein,
all clerical employees other than timekeepers, militarized plant-pro-
2 Matter of The Cleveland Pneumatic Tool Company , 53 N. L R. B. 1437 . The Company
subsequently filed a petition currently pending in the Circuit Court for review of this order.
3 Matter of The Yale & Towne Manufacturing Company, 47 N. L. R. B. 1044.
4 Matter of Toledo Scale Company, 45 N. L. R B 472.
6 Since we are directing elections, we shall place the Social Club upon the ballots in both
voting groups, and the I A M. upon the ballot in the residual voting group. The U. E re-
quested that it appear upon the ballot as "United Electrical. Radio & Machine Workers of
America (UE-CIO)," and the I A. M. requested that it appear thereon as "International
Association of Machinists, District 54 (AFL)." Both requests are hereby granted.
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tection employees, set-up or AA men, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action. The respective voting groups shall be as follows :
1. All metal polishers, buffers, platers, and helpers, excluding all
other employees of the Company, to determine whether they desire
to be represented by the Metal Polishers, the U. E., or the Social
Club, for the purposes of collective bargaining, or by none of said
organizations;
2. All remaining production and maintenance employees of the
Company including timekeepers to determine whether they desire to
be represented by the I. A. M., the U. E., or the Social Club, for the
purposes of collective bargaining, or by none of said organizations.
DIRECTION OF ELECTIONS,
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Cleveland
Pneumatic Tool Company, Cleveland, Ohio, separate elections 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 Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the groups of employees of the
Company set forth below, who were employed during the pay-roll
period immediately preceding the date of this election, 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, as well as
all clerical employees other than timekeepers, militarized plant-
protection employees, set-up or AA men, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action :
1. All metal polishers, buffers, platers, and helpers, excluding all
other employees, to determine whether they desire to be represented
by Metal Polishers International Union, affiliated with the American
CLEVELAND PNEUMATIC TOOL COMPANY 751
Federation of Labor, by United Electrical, Radio & Machine Work-
ers of America (UE-CIO), or by United Social Club and Employees
Association, for the purposes of collective bargaining, or by none
of said organizations;
2. All remaining production and maintenance employees including
timekeepers to determine whether they desire to be represented by
International Association of Machinists, District 54 (AFL), by
United Electrical, Radio & Machine Workers of America (UE-CIO),
or by United Social Club and Employees Association, for the
purposes of collective bargaining, or by none of said organizations.