Hartzell Industries Inc.

National Labor Relations Board - Board Decisions

Jan 5, 1946

65 N.L.R.B. 179 (N.L.R.B. 1946)

In the Matter Of HARTZELL INDUSTRIES INC. and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA (CIO)
Case No. 8-R-1988.-Decided January 5, 1946
Mr. R. I. Blayney, of Piqua, Ohio, for the Company.
Mr. John Thomas , of Sidney , Ohio, and Miss Bebe Ober, of Piqua,
Ohio, for the Union.
Miss Frances Lopinsky , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America (CIO), herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Hartzell Industries Inc., Piqua, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before George F. Hayes, Trial
Examiner. The hearing was held at Piqua, Ohio, on October 2, 1945.
The Company and the Union 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 Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hartzell Industries Inc. is a Delaware corporation engaged in the
business of processing timber and lumber, and manufacturing veneers,
wooden and metal propellers and fans at its four plants in Piqua, Ohio.
During the past 6 months the Company purchased raw materials in
excess of $10,000 from outside the State of Ohio. The value of finished
products shipped outside the State of Ohio during the past 6 months
has exceeded $50,000.
65 N. L. R. B, No . 35. 179
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio, and Machine Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
collective bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into evi-
dence at the hearing indicates that the Union 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
The parties are agreed and we find that all production and main-
tenance employees of the Company's four Piqua plants, including
watchmen, but excluding all engineers, firemen, oilers, time clerks,
draftsmen, professional employees, and supervisors with the 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
1 The Field Examiner reported that the Union submitted 75 authorization cards bearing
names of employees listed on the Company ' s pay roll for the week ending September 16,
1945, 52 of which were dated in August 1945, 4 of which were dated in July 1945, and 19
of which were undated. There are approximately 147 persons in the appropriate unit.
We find no merit in the Company ' s contention that the Trial Examiner erred in admitting
the Field Examiner ' s report into evidence without allowing the Company an opportunity to
cross-examine the Field Examiner on his report . See Matter of George L . Mesker & Com-
pany, 51 N . L R. B. 528.
' Assistant foremen employed by the Company have authority to make effective recom-
mendations , and, therefore , fall within the supervisory exclusion.
HARTZELL INDUSTRIES INC. 1, 181
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 Rela-
tions Act , and pursuant to Article III, Section 9, of National Labor
Relations Rules and Regulations-Series 'a, as amended, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hartzell Indus-
tries, Inc., Piqua , Ohio, an election by secret ballot shall be conducted
as early as possible , but not later than sixty ( 60) 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 Regulations , among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay -roll period immediately preceding the date of this Direc-
tion, including employees who did not work during such 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 and have not been rehired
or reinstated prior to the date of the election , to determine whether or
not they desire to be represented by United Electrical , Radio and
Machine Workers of America , affiliated with the Congress of Indus-
trial Organizations , for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.