Oliver Machinery Co.

National Labor Relations Board - Board Decisions

Sep 24, 1943

52 N.L.R.B. 849 (N.L.R.B. 1943)

In the Matter of M. D. BALDWIN, R. F. BALDWIN, FRANCES M. BALD-
WIN, H. B. TUTHILL, V. M. TUTHILL, A. S. KURKJIAN, D/B/A
'OLIVER MACHINERY COMPANY and INTERNATIONAL MOLDERS AND
F,IUNDRY WORKERS, LOCAL #213, A. F. OF L.
Case No. 7-R-15,03.-Decided September 24, 1943
Mr. Stephen F. Dunn, of Grand' Rapids, Mich., for the Company.
Mr. Lester Campbell, of Grand Rapids, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Molders and Foundry Workers, Local #213, A. F. of L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of M. D. Baldwin,
R. F. Baldwin, Frances M. Baldwin, H. B. Tuthill, V. M. Tuthill,
A. S. Kurkjian, d/b/a Oliver Machinery Company, Grand Rapids,
Michigan, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Harold A. Cranefield, Trial Examiner. Said hearing was held at
Grand Rapids, Michigan, on September 2, 1943. The Company and
the Union appeared, participated, and were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
1. THE BUSINESS OF THE COMPANY
Oliver Machinery Company is a copartnership consisting of M. D.
Baldwin, R. F. Baldwin, Frances M. Baldwin, H. B. Tuthill, V. M.
52 N. L. R. B., No. 147.
849
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tuthill, and A. S. Kurkjian, with its principal place of business at
Grand Rapids, Michigan, where it is engaged in the manufacture of
woodworking machinery. We are here concerned with its foundry
known as the Grand Rapids Foundry Division. During the first
6 months of 1943, the Company purchased raw materials for use at
its foundry valued at about $68,000, approximately 60 percent of
which was shipped to it from points outside the State of Michigan.
During the same period, the Company sold products from its foundry
valued at about $228,000. A substantial portion of the finished
products are used by another plant of the Company located at Grand
Rapids, Michigan.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers, Local #213, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On July 20, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the em-
ployees at the Grand Rapids Foundry Division. The Company re-
fused this request until such time as the Union is certified by the
Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be 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 National Labor
Relations Act.
Iv. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all employees at the Grand Rapids Foundry Division of the
Company, excluding office and clerical employees, plant protection
employees, and all supervisory employees with authority to hire, pro-
mote, 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.
1 The Regional Director reported that the Union presented 52 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company' s pay roll
of August 11, 1943. There are approximately 71 employees in the appropriate unit.
OLIVER MACHINERY COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
851
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 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represents.
tives for the purposes of collective bargaining with M. D. Baldwin,
R. F. Baldwin, Frances M. Baldwin, H. B. Tuthill, V. M. Tuthill,
H. S. Kurkjian, d/b/a Oliver Machinery Company, Grand Rapids,
Michigan, 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 Di-
rector for the Seventh 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
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 or not they desire to be represented by International Molders
and Foundry Workers, Local #213, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining.
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