Kingston Products Corp.

National Labor Relations Board - Board Decisions

Sep 25, 1942

44 N.L.R.B. 481 (N.L.R.B. 1942)

In the Matter Of KINGSTON PRODUCTS CORPORATION and UNITED STEEL-
WORKERS .OF'AMERICA, LOCAL UNION 1312 (C. I. 0.)
Case No. R-4177.-Decided September 25, 1942
Jurisdiction : steel and electrical parts and assemblies manufacturing industry.
Investigation and Certification of Representatives : existence of,question: dis-
pute as to which of two unions having contracts with the Company represented
certain employees who performed work similar in nature to that performed by
employees in departmental unit previously found appropriate by the Board, but
who, were located in-other parts of the plant ; existing contract not urged as
bar to; election necessary.
Unit Appropriate for Collective Bargaining : all platers, polishers, buffers, and
helpers, excluding supervisory and clerical employees ; employees performing
four specific jobs-bright-dipping in the fuse department,' a Bullard-Dunn
cleaning process, the operation of a belt sander running over a polishing wheel
to remove burrs- from fuse bodies, and the wiping and inspecting of roller
skates after they were, polished-held to be within the appropriate unit.
Mr., Marlc E. Zimnmerer, of Kokomo, Ind., for the Company.
Mr. James Robb, of Indianapolis, Ind, Mr. Marley E. Purvis and
Mr. Mark B. Conner, of Kokomo, Ind., and Mr. Estie Bell, of Gal-
veston. Ind., for the Steelworkers.
Mr. Ray Kelsay and Mr. Walter Bennett, of Cincinnati, Ohio, for
the Metal Polishers.
Miss Grace MeEldowney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE
- Upon petition duly filed by United Steelworkers of America, Local
Union 1312 ( C. I. 0.), herein called the Steelworkers , alleging that a,
question affecting commerce had arisen concerning the representation
of employees of Kingston Products Corporation , Kokomo, Indiana,
herein called the Company, the National Labor Relations Board, herein
called the Board , provided for an appropriate hearing upon - due notice
before Robert D: Malarney , Trial Examiner. Said hearing was held
at Kokomo, Indiana, on, August 20, 1942: The Company , the Steel-
workers, ' and Metal Polishers, Buffers , Platers , and Helpers -Interna-'
44 N L R B, No 84
4S7498-42-vol 44--31 481
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Union, Local No. 24, herein called the Metal Polishers, appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings, made at the hear-
ing, are free from prejudicial error and are hereby affirmed.
Upon the entire record of the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kingston Products Corporation is an Indiana corporation which
has its principal office and place of business in Kokomo, Indiana. At
its Kokomo plant, the only plant involved in this preceeding, the
Company is engaged in the manufacture of steel and electrical parts
and assemblies.' Approximately 85 percent of the raw materials
used by the Company, valued at not less than $1,000,000, comes from
sources outside the State,of Indiana, and approximately 95 percent
of its products, also valued at not less than $1,000,000, is shipped to
points outside the State.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of American2 Local Union 1312, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Metal Polishers, Buffers, Platers, and Helpers International Union,
Local No. 24, is a labor organization affiliated with the' American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 31, 1940, the Board issued a Decision, Direction of Elec-
tion, and Order, in which it directed an election among the platers,
polishers, and helpers in the Company's plating and polishing depart-
ment, excluding foremen; 3 and • on September 6, 1940, on the basis
of the election held pursuant to the Direction, the Board issued a
Supplemental Decision and Certification of Representatives, finding
that such employees constitute an appropriate bargaining unit and
_1 See Matter of Kingston Products Company and Internattional Brotherhood of Electnacal
ll'orAers, affiliated with the A. F of L., 25 N L. R B 1158 At the hearing in the present
case, the general manager of the Company testified that there had been no material change
in the Company' s operations since the prior proceeding , except for a change from commer-
cial goods to war materials
2 Foi merly Steel Workers Organizing Committee.
2 25 N L. R. B. 1158.
KINGSTON PRODUCTS CORPORATION 483
zertifying' the Metal Polishers as their bargaining representative 4
On September 22, 1941, the Company entered into a contract with
the Metal Polishers, recognizing that organization as the exclusive
bargaining agency for all its metal polishers, buffers, platers, and
helpers. Although this contract, as amended on June 8, 1942, is now
in effect, it is not urged by any of the parties as a bar to the present
proceeding. All other production employees at the plant are repre-
sented by the Steelworkers, with which the Company also has a
contract. -
Early in 1942, a question arose as to- which union represented cer-
tain employees who performed work similar in nature to that per-
formed in the polishing and plating department, but who were located
in other parts of the Company's plant. Because of a threatened
strike, the dispute was referred by the Office of Production Manage-
ment to the Conciliation Service of the United States Department of
Labor, by which agency it was certified to-the National War Labor
Board. The National War Labor Board thereafter recommended
that the matter be submitted to this Board. Thereupon, in July 1942,
the Steelworkers, in order to present the issue to the Board, filed its
petition herein, alleging that it represented 13 of 18 employees in the
unit for which the Metal Polishers had previously been certified.
A statement of the Regional Director introduced in evidence at the
hearing, and a statement of the Trial Examiner made at the hearing,
indicate that the Steelworkers represents a substantial number of
employees in the unit hereinafter found to be appropriate.5
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
At the hearing, the Company, the Steelworkers, and the Metal
Polishers stipulated that all platers, polishers, buffers, and helpers,
excluding supervisory and clerical employees, wherever such platers,
polishers, buffers, and helpers are found in the plant, constitute an
4 27N L R B 91
5 The Regional Director reported that the Steelworkers had submitted to him 13 mem-
bership cards in the Steel Workers Organizing Committee , herein called the S W 0 C, of
which 2 were dated in 1937 , 1 in 1938, 2 in 1940, and 8 in 1941 , All 13 cards bore appai-
ently genuine original signatures Since the Company had refused to submit its pay to]]
the cards were not checked against a list of employees in tlie'I alleged unit. The Metal
Polishers were not requested to submit evidence of membership , since it is a party to an
existing collective bargaining agreement covering employees in the alleged unit
At the hearing, the Trial - Examiner stated that the Steelworkers had submitted to li o n
11 membership cards in the S. W. O. C , all dated during August 1942 All 11 ' cards bore
apparently genuine original signatures of individuals whose names , appeared on the cards
previously- submitted to tl.e Regional Director
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate unit. In this unit they would include, in addition to the
employees in the unit previously found appropriate by the Board,'
employees performing similar work in other parts of the plant.'
Since the inclusion of employees performing four specific jobs has
heretofore been a matter of dispute, the parties, while agreeing that
such employees should be in the above-described unit, have asked the
Board to determine the question. The jobs on, which these employees
are or will be employed are as follows : bright-dipping in the fuse-
assembly department, a Bullard-Dunn cleaning process, the operation
of a belt sander running over a polishing wheel to remove burrs from
fuse bodies, and the 'wiping and inspection of roller skates after they
are polished., We find that such employees fall within the classifica-
tions of employees constituting the unit herein found appropriate.
We find that all platers, polishers, buffers, and helpers, employed by
the Company at its Kokonno plant, 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. During the hear-
ing, the parties agreed on 21 named 'employees, all of whom have
worked, in the polishing and plating department since January 1, ,
1942, as being eligible to vote in the appropriate unit. However, in
accordance with our practice, we shall direct that the employees of
the Company eligible to vote in the election shall be those in the
appropriate unit who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, sub-
ject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the powers vested in, the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, 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 Kingston Products
Corporation, Kokomo, Indiana, an election by secret ballot shall be
9 "The polishers , platers, and helpeis in the polishing and plating department of Kingston
Products Corporation , Kokomo, Indiana , excluding foremen " 27 N L R B. 91.
7Appaiently no such work nas being-done outside of the polishing and plating depart!
orient at'the time of the Board 's-previous decision
KINGSTON PRODUCTS CORPORATION 485
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 Eleventh 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 the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 they desire to be represented by United
Steelworkers of America, Local Union 1312 (C. I. 0.), or by Metal
Polishers, Buffersi Platers, and Helpers International Union, Local
No. 24, for the purposes of collective bargaining, or by neither. ,