Red Lion Tool and Engineering Co.

National Labor Relations Board - Board DecisionsAug 29, 1945

63 N.L.R.B. 629 (N.L.R.B. 1945)

In the Matter of RED LION TOOL AND ENGINEERING COMPANY and UNITED STEELWORKERS OF AMERICA, C. I. O. Case No. 4-R-1798.Decided August P,9,1945 Kain, Kain d Kain, by Mr. George H. Kain, of York, Pa., for the Company. Mr. Arthur F. Johnston, of York, Pa., for the Union. Miss Ruth E. Bliefceld, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Red Lion Tool and Engineering Company,' Red Lion, Pennsylvania, herein called the Company, the National Labor Relations Board pro- vided for an appropriate, hearing upon due notice before Eugene M. Purver, Trial Examiner. Said hearing was held at York, Pennsyl- vania, on July 30, 1945. The Company and the Union 2 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 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 Red Lion Tool and Engineering Company, a Pennsylvania corpora- tion, operates a plant at Red Lion, Pennsylvania, where it is engaged ' The name of the Company appears in the caption and body of this Decision as it was amended at the hearing $ District 98 of the International Association of Machinists filed a waiver of any claim to representation of employees involaed herein, which was admitted into evidence at the hearing. 63 N. L. R. B., No. 98. 629 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the manufacture and distribution of tools, jigs, fixtures, and metal stampings. The principal raw materials used by the Company are tool steel, sheet steel, and cold rolled steel. , Purchases of raw materials during the calendar year 1944 totaled between $25,000 and $35,000. The finished products produced by the Company during the same pe- riod were valued at approximately $450,000 to $500,000, approximatel-y 25 percent of which was shipped from the plant to points outside the Commonwealth of Pennsylvania. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America, affil* tted with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 22, 1945, the Union notified the Company of its claim to represent a majority of the Company's employees in the unit alleged by the Union to be appropriate and requested recognition as the ex- clusive bargaining representative of these employees. The Company has, however, refused to grant such recognition until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced, into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.3 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 We find, in accordance with the stipulation of the parties, that all production and maintenance employees of the Company at its plant in Red Lion, Pennsylvania, excluding guards, office employees, cleri- cal employees, executives, foremen, and all other supervisory employ- ees 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. 3 The Field Examiner reported that the Union submitted 51 application for membership cards , that the names of all persons appearing on the cards were listed on the company's pay roll which contained the names of 65 employees in the appropriate unit; and that all the cards were dated June 1945. RED LION TOOL AND ENGINEERING COMPANY 631 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations Act, and pursuant to Article III; Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Red Lion Tool and Engineering Company, Red Lion, Pennsylvania, 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 Fourth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Reg- ulations, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period imme- diately preceding the date of this Direction, including employees who did not work during the 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 election, to determine whether or not they desire to be represented by United Steelworkers of America, C. I. 0., for the pur- poses of collective bargaining.