Defiance Screw Machine Products Co.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 686 (N.L.R.B. 1943)

In the Matter of DEFIANCE SCREW MACHINE PRODUCTS COMPANY Wnd
INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. 8-R-1215.-Decided September 17, 1943
Mr. L. F. Serrick, of Defiance , Ohio, for the Company.
Mr. A. P. Nobozny, of Lorain , Ohio, for the I. A. M.
Mr. Erwin L. Clemens, of Defiance , Ohio, for the Association.
Miss Viola James, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
herein called the I. A. M., alleging that a question affecting commerce
had arisen concerning the representation of employees of Defiance
Screw Machine Products Company, Defiance, Ohio, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Louis Plost, Trial Examiner.
Said hearing was held at Defiance, Ohio, on September 1, 1943. The
Company, the I. A. M., and Defiance Screw Machine Workmen's Asso-
ciation, herein called the Association, 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. The Company and the Association each filed a motion to
dismiss the petition. The Trial Examiner reserved ruling on the
motions for the Board. For the reasons appearing herein, 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
- Defiance Screw Machine Products Company, an Ohio corporation,
is engaged at its Defiance, Ohio, plant in the manufacture of screw ma-
52 N. L. R. B., No. 119.
686
DEFIANCE SCREW MACHINE PRODUCTS COMPANY 687
chine products. During the fiscal year ending June 30, 1943, the Com-
pany used raw materials valued at approximately $438,000, more than
50 percent of which was received from points outside the State of Ohio.
During the same period, the Company's finished products totaled ap-
proximately $2,800,000 in value, more than 50 percent of which was
shipped to points outside the State of Ohio. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
International Association ' of Machinists and Defiance Screw Ml a-
chine Workmen's Association are labor organizations , each adnlitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 17, 1943, the I. A. M. notified the Company that it repre-
sented a majority of the Company's employees and requested a bar-
gaining conference. On June 21, 1943, the Company replied by letter
expressing doubt as to whether a majority of the employees had se-
lected the I. A. M. as their representative.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the I. A. M. represents a
substantial number of employees in the unit hereinafter found to be
appropriate."
As one of the grounds for their motions to dismiss, the Company
and the Association contend that a bargaining agreement between
them is a bar to the present proceedings. Since 1937 the Company has
had annual bargaining contracts with the Association. The contract
prior to the present one was executed on June 30, 1942, and was,effec-
tive from July 1, 1942, until June 30, 1943. It embodied no automatic
renewal provisions. The present contract was executed on June 22,
.1943, and provides that it shall be effective from July 1, 1943, to June
30, 1944. Since the I. A. M. made its request for recognition prior to
the execution of the present contract, it is clearly no bar.
The Company and the Association also contend that the I. A. M.'s
petition should be dismissed on the ground that the Association has,
since 1937, represented and still represents a majority of the em-
ployees. We are of the opinion that this is a matter which can best
be resolved by an election by secret ballot.2
I The Field Examiner reported that the I. A. M. submitted 139 designations , 1 dated In
May 1942, 78 dated in June 1942, 59 dated in June 1943 , and 1 dated in July 1943, 138 of
which bore apparently genuine original signatures ; 101 of the 138 signatures are the names
of persons on the Company' s pay roll of July 10, 1943, which lists 263 persons in the
alleged appropriate unit . The Association relies on its contract as proof of Its interest
in the proceedings.
2 Cf. Matter of Superior Coach Corporation , 39 N. L. R. B. 926.
688 DECISIONS OF NATIONAL LABOR RELATIONS) BOARD
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
In substantial agreement with the parties, we find that all produc-
tion and maintenance employees, excluding 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, con-
stitute 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-
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Defiance Screw
Machine Products Company, Defiance, 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
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, Sections 10 and 11, of said Rules, and Regula-
tions, •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 they desire to be represented by International
Association of Machinists or by Definance Screw Machine Workmen's
Association, for the purposes of collective bargaining, or by neither.