Hillenbrand Industries

National Labor Relations Board - Board DecisionsFeb 14, 1947

72 N.L.R.B. 650 (N.L.R.B. 1947)

In the Matter of BATESVILLE CASKET COMPANY AND HILL-Rom Coll- PAN Y, INC., DOING BUSINESS AS HILLENBRAND INDUSTRIES, ElI- PLOYER and UNITED WORKERS OF HILLENBRAND INDUSTRIES, PETITIONER In the Matter of BATESVILLE CASKET COMPANY AND HILL-Roll CoII- PANY3 INC., DOING BUSINESS AS HILLENBRAND INDUSTRIES, EM- PLOYER and UPHOLSTERERS' INTERNATIONAL UNION Or NORTH AMER- ICA, LOCAL 305, A. F. or L., PETITIONER , Cases Nos. 11-R-1192 and 11-R-1198, respectively.-Decided February 14, 194.'% Mr. Frederic Anderson, of Indianapolis, Ind., for the Employer. Mr. Amos W. Jackson, of Batesville, Ind., for the Independent. Jacobs and Malarney, by Messrs. Jacob N. Gross and Robert D. Malarney, of Indianapolis, Ind., for the International. Mr. Oliver Sweitser, of South Bend, Ind., for the Intervenor. Mr. John J. Gallione, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition and an amended petition duly filed,' a consolidated hearing in these cases was held at Batesville, Indiana, on November 4, 1946, before Max Rotenberg, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following:: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Batesville Casket Company and Hill-Rom Company, Inc., doing business under the name of Hillenbrand Industries, are engaged in the manufacture of funeral supplies and hospital equipment, respec- I The petitions and other formal papers were amended at the hearing to show the correct name of the Employer. 72 N. L. H B, No. 124. 650 BATESVILLE CASKET COMPANY 651 tively, at Batesville, Indiana. During the past year, each of these companies purchased raw materials in excess of $250,000, of which approximately 50 percent came from points outside the State of Indiana. During the same period, each sold its products at a value in excess of $500,000, of which approximately 60 percent was shipped to points outside the State of Indiana. The two corporations, though separate legal entities, jointly carry on their manufacturing operations at the same plant with the same labor force. As in earlier representation proceedings,2 we find that Batesville Casket Company and Hill-Rom Company, Inc., doing busi- ness under the naive of Hillenbrand Industries, constitute a single Employer within the meaning of the Act. The Employer admits and we find that it is engaged in coinmerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Workers of Hillenbrand Industries, herein called the Inde- pendent, is an unaffiliated labor organization, claiming to represent employees of the Employer. Upholsterers' International Union of North America, Local 305, herein called the International, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. United Furniture Workers of America, Local 305, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize either Petitioner as the exclusive bargaining representative of employees of the Employer until it has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find in accordance with the agreement of the parties 3 that all production and maintenance employees employed at the Employer's plant, excluding office and clerical employees, salesmen, truck drivers, 2 Matter of Hillenbrand Industries, 13 N L R B 167; Matter of Hillenbrand Industries. 14 N L. R B 316 3 The unit of employees found appropriate herein is identical with the unit in the recently expued contiact between the Employe. and the Intervenor 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD garage mechanics, watchmen, engineers, firemen, carpenters, painters, research department 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Batesville Casket Company and 111111-Rom Company, Inc., doing business as Hillenbrand Indus- tries, 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 Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Saries 4, 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether they desire to be represented by United Workers of Hillenbrand Industries, or by Upholsterers' International Union of North America, Local 305, A. F. of L., or by United Furni- ture Workers of America, Local 305, C. I. 0., for the purposes of collective bargaining, or by none.