King Machine Tool Co.

National Labor Relations Board - Board Decisions

Feb 19, 1942

39 N.L.R.B. 1 (N.L.R.B. 1942)

In the Matter of KING MACHINE TOOL Co. and LOCAL 766, UNITED
'ELECTRICAL) RADIO 8L MACHINE WORKERS OF AMERICA, C. I. O.
Case No. B-3496.-Decided February 19, 192
Jurisdiction : machine tools manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain collectively with petitioner until certified by. the Board as
the statutory representative; election necessary
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company at one of two of its plants including employees
in the tool room but excluding office employees, foremen, assistant foremen,
supervisors, leadmen, plant guards, and all other employees having the right
to hire and discharge, held appropriate notwithstanding Company's desire for
a multiple plant-unit comprising this plant and its other plant which it has
recently begun operating.
Frost c Jacobs, by Mr. Cornelius J. Petzh,old, of Cincinnati, Ohio,
for the Company.
Mr. Arthur L. Garfield, of Dayton, Ohio, and Mr. Waldo Stager,
of Cincinnati, Ohio, for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ' ELECTION
STATEMENT OF THE CASE
On January 13, 1942, Local 766, United Electrical, Radio & Ma-
chine Workers of America (C. I. 0.), hereinafter called the Union,
filed with the Regional Director for the Ninth Region (Cincinnati,
Ohio) a petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of King Machine
Tool Co., Cincinnati, Ohio, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On January 26, 1942, the National Labor
Relations Board herein called the Board, acting pursuant to Section
9 (c) of the Act-and Article III, Section 3, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, ordered
39 N. L. R. B., No. 1. 1
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On
January 26 , 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice , a hearing was held on January 28, 1942, at
Cincinnati , Ohio, before Alba B . ,Martin, the Trial Examiner duly
designated by the Chief Trial Examiner. At the hearing the Com-
pany and the Union appeared and participated in the hearing. Full
opportunity to be heard , to examine and cross -examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence . The Board has reviewed the rulings of the Trial -Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
King Machine Tool Co. is an Ohio corporation engaged in the
manufacture of a machine tool known as a vertical boring and turn-
ing machine. It owns and operates two plants in Cincinnati, Ohio.
In 1941 the Company purchased raw materials consisting of iron
and steel, 40 percent of which came from sources outside they State
of Ohio. During 1941 the value of the sales from these plants ex-
ceeded $1,000,000. Approximately 90 percent of these finished prod-
ucts were shipped outside the State of Ohio. The Company admits
that it is engaged in commerce within they meaning of the Act.
H. THE ORGANIZATION INVOLVED
Local 766, United Electrical , Radio & Machine Workers of America
is a labor organization affiliated with the Congress of Industrial
Organizations , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to bargain collectively with the Union until
it is certified by the Board as the statutory representative . A state-
ment of the Field Examiner, supplemented by investigation, of the
Trial Examiner, introduced in evidence, shows that the Union rep-
KING MACHINE TOOL CO. 3
resents a substantial number of employees in the alleged appropriate
unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operation of the Company
described in Section I above, has a close intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree that all production and maintenance employees,
including employees in the tool room, but excluding office employees,
foremen, assistant foremen, supervisors, leadmen, plant guards, and
all other employees having the right to hire and discharge, constitute
the classifications of employees which should comprise the appro-
priate unit.
The Union contends that the above-described employees of Plant 1
alone constitute an appropriate unit. The Company contends that
such employees of both Plant 1 and Plant 2 constitute a single appro-
priate unit. The Company bases its contention on the fact that the
operations of the two plants are closely integrated and supplement
each other in the manufacture of finished products turned out by the
Company. However, production work at Plant 2 had begun only
some 3 weeks before the hearing and had reached only one-third of its
capacity. At that time there were 275 employees at Plant 1 and 110
at Plant 2. The Company contemplates hiring some 200 additional
men, most of whom will be allocated to Plant 2. The Union has
limited its organizational activities largely to Plant 1, although it
expects to organize the employees of Plant 2.2 In view of the present
'The Field Examiner 's statement , supplemented by the Trial Examiner ' s investigation,
shows that 142 authorization and membership cards were submitted Forty of these were
undated and the others were dated between August 1941 and January 1942, with the single
exception of a card dated January 1941 Of the 142 union cards bearing genuine original
signatures , 115 correspond with the names listed as employed in Plant 1 and,8 correspond
with the names listed as employed in Plant 2, as of the January 19, 1942 , pay roll. This pay
ioll of January 10, 1942, included 187 names in the category stipulated as appropriate in
Plant 1 and 84 additional names in Plant 2
2 While Plant 2 was still under construction , the Union distributed a handbill urging the
employees of Plant 2 to attend a union meeting in preparation for organizing at Plant 2.
t
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
restricted use of the productive capacity of "Plant 2 and the con-
templated expansion of personnel and since the self -organization of
employees has not extended substantially beyond Plant 1, we are of
the opinion that the employees of Plant 1 constitute at the present
time an appropriate bargaining unit. This finding will not preclude
a later redetermination of the question of the appropriateness of a
two-plant unit upon proper proceedings . We therefore find that all
production and maintenance employees , including employees in the
tool room , but excluding office employees , foremen, assistant fore-
men, supervisors , leadmen, plant guards , and all other employees hav-
ing the right to hire and discharge , employed at Plant 1 of the Com-
pany, constitute a unit appropriate for the purposes of collective
bargaining. We further find that such unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved by
the holding of an election by secret ballot. In accordance with our
usual practice we 'shall direct that an election by secret ballot be
held among the employees of the Company in the appropriate unit
who were employed during the pay-roll period immediately ' preceding
the date of this Direction of Election , subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the' entire
record in the case, the Board makes the following :
CONCLUSIONS of LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of King Machine Tool Co., Cincinnati, Ohio,
within the meaning of Section 9 ( c) and Section 2 ( 6) and (7) of
the National Labor Relations Act.
2. All production and maintenance employees , including employees
in the tool room, but excluding office employees , foremen , assistant
'foremen, supervisors , leadinen, plant guards, and all other employees
having the right to hire and discharge , employed at Plant 1 of the
Company, constitute a unit apropriate for the purposes of collective
bargaining within the meaning of Section 9 (c) of the National
- Labor Relations Act.
KING MACHINE TOOL CO.
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIuECTEID that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with King Machine Tool Co., Cincinnati, 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 Ninth Region, acting in
this matter as agent -for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees at Plant 1 of the Company,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees in the tool room, and
employees who did not work during such 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
office employees, foremen, assistant foremen, supervisors, leadmen,
plant guards, and all other employees having the right to hire and
discharge, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Local 766, United Electrical, Radio & Machine - Workers of
America, affiliated with the Congress of Industrial Organizations for
the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and- Direction of Election.
In the Matter of KING MACHINE TOOL Co. and LOCAL 766, UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
' Case No. R_3496
CERTIFICATION OF REPRESENTATIVES
March 27,1942
On February 19, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on March 13, 1942, under the direction and supervision of
the Regional Director for the Ninth Region (Cincinnati, Ohio). On
March 14, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional' Director
reported as follows : -
Total on eligibility list-------------------------------------- 181
Total ballots cast------------------------------------------- 175
Total ballots challenged ------------------------------------- 1
Total blank ballots ------------------------------------------ 0
Total void ballots------------------------------------------- 1
Total valid votes counted------------------------------------
Votes for Local 766, United Electrical, Radio & Machine Work-
173
ers of America, C. I. 0------------------------------------- 136
Votes against Local 766, United Electrical, Radio & Machine
Workers of America, C. I 0------------------------------- 37
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series- 2, as amended,
IT IS HEREBY CERTIFIED that Local 766, United Electrical, Radio &
Machine Workers of America, C. I. 0., has been designated and se-
lected by a majority of all production and maintenance employees at
139 N. L. R. B. 1.
39 N L R. B, No. la
6
KING MACHINE TOOL CO. 7
Plant 1 of King Machine Tool Co., Cincinnati, Ohio, including em-
ployees in the toolroom, but excluding office employees, foremen,
supervisors, leadmen, plant guards, and all other employees having
the right to hire and discharge, as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Sec-
tion 9 (a) of the National Labor Relations Act, Local 766, United
Electrical, Radio & Machine Workers of America, C. I. 0., is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
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