Ross Gear and Tool Co.

National Labor Relations Board - Board Decisions

Dec 13, 1943

53 N.L.R.B. 1296 (N.L.R.B. 1943)

In the Matter of Ross GEAR AND TOOL COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULrURAL IMPLE-
MENT WORKERS OF AMERICA , UAW-CIO
Case No. 13-R-0094.-Decided December 13, 1943
Mr. Rochester Baird, of Lafayette, Ind., for the Company.
Messrs. Mose Kucela and John Bartee, both of Indianapolis, Ind.,
for the U. A. W.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO, herein call the U. A. W., alleging that a question affect-
ing commerce had,arisen concerning the representation of employees
of Ross Gear and Tool Company, Lafayette, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert E. Ackerberg,
Trial Examiner. Said hearing was held at Lafayette, Indiana, on
November 12, 1943. The Company and the U. A. W. appeared, par-
ticipated, and 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 an 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
Ross Gear and Tool Company, an Indiana corporation with its
principal office and sole plant located at Lafayette, Indiana, is engaged
in the manufacture, sale, and distribution of cam and lever steering
53 N. L . R. B., No. 236.
1296
i
ROSS GEAR AND TOOL COMPANY 1297
devices for motor vehicles and ships. During the year ending Octo=
ber 31, 1943, the Company purchased raw materials valued in excess
of $500,000, of which approximately 69 percent was shipped to its
plant from points outside the State of Indiana. During the same
period the Company produced finished products valued at more than
$1,000,000, of which approximately 83 percent was shipped to points
outside the State of Indiana. We find that the Company is engaged
in commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
By letter dated October 1, 1943, the U. A. W. requested recognition
by the Company as the exclusive bargaining representative of the
latter's employees. The Company replied by letter dated October 7,
1943, in which it refused such recognition in the absence of certifica-
tion by the Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the U. A. W. represents a substantial
number of employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
The U. A. W. seeks to represent a unit comprised of production
and maintenance employees of the Company, excluding salaried em-
ployees, plant-protection employees, office clerical employees, fore-
men, assistant foremen, assistant supervisors, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action. The Company agrees generally, with the
foregoing unit, but contends that stock chasers, plant-protection em-
ployees, and factory clerical employees should be included within the
unit. °
I The Regional Director reported that the U. A. W. submitted 176 designations , all of which
contained apparently genuine, original signatures . He further reported that, due to the
fact that the Company refused to submit a pay roll, these designations were not checked.
The record indicates that there are approximately 465 employees in the unit hereinafter
found appropriate
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Stock chasers-: The Company employs two workers in this classi-
fication. One of them is hourly paid and listed on the production
pay roll, whereas the other, due to the fact that he was transferred from
the office, is still retained on the office pay roll and receives a salary.
The U. A. W. would include the hourly paid stock chaser, but exclude
the other. However, since both employees perform the same type of
work, we are of the opinion that both should be treated alike and that
their duties, which require full-time, close association with the pro-
duction and maintenance employees, are such as to warrant their
inclusion within a unit of such employees. We shall therefore include
them.
Plant-protection employees: The Company employs approximately
14 individuals engaged as outside guards, inside guards, watchmen,
.and inside laborers. All of these employees have been militarized.
In conformance with our usual policy, we shall exclude these employees
from the unit hereinafter found appropriate.2 '
Factory clerical employees: The Company employs several em-
ployees engaged as checkers, clerks, stock clerks, and'stockkeepers, who
are asigned to various production departments. The Company con-
tends that all such employees should be included within the unit,
whereas the U. A. W. contends that all such employees, with the ex-
ception of the male shipping clerks, should be excluded. The record
indicates that these employees work under the direction of production
or maintenance supervisors, that all perform some manual labor, with
the exception of the female shipping clerk, and that they are carried on
the factory pay roll as distinguished from the office pay roll. In view
of the foregoing, we are of the opinion that the duties and interests of
these employees warrant their being placed within the industrial
unit.3 We shall include them.
Set-up men: The Company employs several set-up men on the day
shift who are concerned solely with the setting up and operation of
machinery. The record indicates that these employees have no au-
thority over their fellow workers. They are distinguishable from the
night set-up men who are called "assistant supervisors," and who are
in charge of night shifts in their respective departments. We shall
include the day set-up men within the unit.h
We find that all production and maintenance employees of the
Company, including stock chasers; factory clerical employees, and
day set-up men, but excluding plant-protection employees, salaried
employees; office clerical employees, foremen, assistant foremen, As-
sistant supervisors, and all other supervisory employees with authority
2 Matter of Dravo Corporation, 52 N. L. R. B 322; Matter of Y. H. Hanes Knitting
Company, 52 N. L R. B. 746
2 Matter of Jaeger Watch Company, Inc, 45 N. L R. B. 616
4 Matter of The Murray Company, 46 N L R B 1097 -
ROSS GEAR AND TOOL COMPANY 1299
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action; con-
stitute 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 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 Election
herein, subject to the limitations and additions set forth in the
Direction.6
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ross Gear and
Tool Company , Lafayette , Indiana, 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 Thirteenth 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 those employees who have since quit or been
discharged for cause , and have not been rehired or reinstated prior
to the election date, to determine whether or not they desire to be
represented by U. A. W.-C. I. 0., for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
- G The record shows that the chief inspector , assistant chief inspector , chief machinist,
and chief electrician , exercise substantial supervisory authority within the definition set forth
above.
The U. A. W. requested that it be designated upon the ballot as "U. A. W -C. I O " This
request is hereby granted.