Dean Hill Pump Co.

National Labor Relations Board - Board Decisions

Nov 2, 1942

45 N.L.R.B. 312 (N.L.R.B. 1942)

In the Matter of DEAN HILL PUMP COMPANY and UNITED CoNsT uc-
TION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF
AMERICA, LOCAL No. 137
Case No. R-4984.-Decided November 2, 1942
Jurisdiction : centrifugal pump and steam turbine manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees ; stipulation as to.
Mr. Benjamin E. Cook, for the Board.
Mr. John J. Ruckelshaus and Mr. Sylvester Johnson, Sr., of Indian-
apolis, Ind., for the Company.
Mr. Lawrence S. Filburn, of Indianapolis, Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed, by United Construc-
tion Workers, Division of District 50, United Mine Workers of Amer-
ica, Local No. 137, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Dean Hill Pump Company, Anderson, Indiana, herein
•called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Arthur R. Dono-
van, Trial Examiner. Said hearing was held at Indianapolis, Indi-
ana, on October 15, 1942. The Board, the Company, and the Union
appeared and participated in the hearing. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
45 N. L. R.- B., No. 48.
312
DEAN HILL PUMP COMPANY 313•'
Upon the entire record in the case, the Board makes the following :_
FINDINGS . OF FACT
1. THE BUSINESS OF THE COMPANY,
Dean Hill Pump Company is an Indiana corporation with its-
principal place of business at Anderson, Indiana, where it is engaged.
in the manufacture of centrifugal pumps and steam turbines. The
Company, uses raw materials valued at approximately $10,000'
monthly, about 10 percent of which is shipped to it from outside
Indiana. The Company produces finished products valued at about
$150,000 annually, approximately 95 percent of which is shipped out
of Indiana.
H. THE ORGANIZATION INVOLVED
. United Construction Workers, Division of District 50, United Mine
Workers of America, Local No. 137, is a labor organization admitting-
. to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
- The Company refuses to recognize the Union as,the, exclusive rep-
resentative of the Company's employees until such time as it is cer-
tified by the Board.
A statement of the Regional Director; introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of the 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
supervisory and clerical 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 em-
i The Regional Director reported that the Union presented 15 membership application=
cards bearing apparently genuine signatures of,persons whose names appear on the Com-
pany's pay roll of July ' 28, 1942 There are approximately 30 employees in the unit
hereinafter found to be appropriate.
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in, the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Dean Hill Pump
Company, Anderson, Indiana, an -election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) clays
from the date of this Direction; under the direction and supervision
of the Regional Director for the Eleventh Region, acting in this mat-
ter 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 any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by United Construction Workers, Division of District 50,
United Mine Workers of America, Local No. 137,J or the purposes
of collective bargaining.