D-N-X Engine Corp.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 689 (N.L.R.B. 1943)

In-tile Matter of D-N-X ENGINE CORPORATION andUNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C..I.O.
Case No. 3-R-638.-Decided September 17,1943
Mr. John G. Ketterer , of Buffalo , N. Y., for the Company.
Mr. James Miller, of Buffalo, N. Y., 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 United Automobile, Aircraft and Agri-
cultural Implement Workers of America, C. I. 0., herein called the
Union, I alleging that a question affecting commerce had arisen con-
cerning the representation of employees of D-N-X Engine Corpora-
tiori,' Buffalo, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Peter J. Crotty, Trial Examiner. Said hearing was held
at Buffalo, New York, on September 1, 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.
All parties were afforded opportunity 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
D-N-X Engine Corporation is an Ohio corporation operating a
plant at Buffalo, New York, where it is engaged in the manufacture
of Diesel engines. From April 15, 1943, to August 31, 1943; the Com-
pany purchased raw materials for use at its Buffalo plant valued at
about $850,000, approximately 90 percent of which was shipped to it
52 N. L. R. B., No. 120.
689
690 DEIOISiIO'NS OF NAPrrON1AL LABOIR RELAT'I'ONS BOARD
from points outside the' State of New York. During the same period
the Company manufactured products at its Buffalo plant valued at
about $900,000, approximately 90 percent of which was shipped to
points outside the State of New York. The Company admits, for the
purpose of this proceeding, that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 21, 1943, the Union requested the Company to recognize
it as the exclusive' collective bargaining representative of the Com-
pany's employees at Buffalo, New York. The Company refused this
request until such time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
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 substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Buffalo plant of
the Company, including inspectors, but excluding office and clerical
employees, plant protection employees, and all 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 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 employees in the appropriate unit who were employed during the
i The Field Examiner reported that the Union presented 132 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 1, 1943 There are approximately 267 employees in the
appropriate unit.
D-N-X ENGINE CORPORATION 691
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 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 D-N-X Engine
'Corporation, Buffalo, New York, 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 Third Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, 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 any who have
:since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Automobile, Aircraft and
Agricultural Implement Workers of America, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining.
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