The American Swiss Co.

National Labor Relations Board - Board Decisions

Dec 8, 1944

59 N.L.R.B. 790 (N.L.R.B. 1944)

In the Matter of THE AMERICAN SWISS COMPANY and MECHANICS
EDUCATIONAL SOCIETY OF AMERICA, LOCAL No. 4 (C. U. A.)
Case No. 8-B-1657.-Decided December 8,1941E
Mr. Frank L. Danello, for the Board.
Messrs. Marshall, Melliorn, Wall d; Bloch, by Mr. Arnold F. Bunge,
of Toledo, Ohio, for the Company.
Mr. Earl S. Streeter, of Toledo, Ohio, for the Al. E. S. A.
Messrs. David A. Guberman, James R. Crowley, and Thomas N.
Russell, of Toledo, Ohio, for the C. 1. 0.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Mechanics Educational Society of
America, Local No. 4 (C. U. A.), herein called the M. E. S. A., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The American Swiss Company, Toledo, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Samuel H.
Jaffee, Trial Examiner. Said hearing was held at Toledo, Ohio, on
November 1, 1944. The Company, the M. E. S. A., and the United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica (U. A. W.-C. I.0.), Local No. 14, herein called the C. 1. 0., appeared
and participated. All parties were afforded full opportunity to be
heancl , to examine and cross-examine witnesses, and to introduce evri-
dence bearing on the issues. At the hearing, the C. I. O. moved to dis-
miss the petition. Ruling on the motion was reserved for the Board.
For reasons hereinafter set forth the motion is hereby granted. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an 'oppor-
tunity to file briefs with the Board. After the hearing, the C. I. O. filed
a motion with the Board to dismiss the petition on the ground that the,
employees who had designated the M. E. S. A. as their bargaining
59 N. L . R. B., No. 158.
790
THE AMERICAN SWISS COMPANY 791
representative have now withdrawn their designation and have re-
affiliated themselves with the C. I. O. In view of our finding herein-
after that the unit sought by the M. E. S. A. is inappropriate, it is
unnecessary to rule upon the foregoing motion.'
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The American Swiss Company, an Ohio corporation, is engaged in
the manufacture of bomb racks, projectiles, and other war materials
at its plant in Toledo, Ohio. During the first 6-months of 1944, the
Company used raw materials consisting of stainless steel and alumi-
num valued at in excess of $350,000, of which 30 percent came from
points outside the State of Ohio. During the same period, the Com-
pany manufactured products valued at in excess of $900,000, all of
which were shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Mechanics Educational Society of America, Local No. 4 , affiliated
with the Confederated Unions of America, is a labor organization
admitting to membership employees of the Company.
United Automobile , Aircraft and Agricultural Implement Workers
of America (U. A. W.-C. I. 0.), Local No. 14, affiliated with the Con-
gress of Industrial Organizations , is a labor organization admitting
to membership employees of the Company.
M. THE ALLEGED APPROPRIATE UNIT
The M. E. S. A. seeks a unit of all employees in the Company's
tool and die room,2 excluding foremen and supervisory employees. The
C. I. O. contends that on the basis of its prior bargaining history with
the Company a plant-wide unit in which the employees of the tool
and die room are included is appropriate. The Company takes a
neutral position.
Prior to 1941 there was no collective bargaining among the Com-
pany's employees. Since 1941, the C. I. O. has had a contract with
the Company on a plant-wide basis. Among the approximately 230
employees of the Company, there are 12 tool and die makers. It does
In this connection; see Matter of American Stores Company, 54 N. L. R. B. 756.
' It should be noted that while the petition seeks a unit of tool and die makers, and tool
grinders, the evidence indicates that the only employees in the toolroom are tool and die
makers, and that there are no tool grinders therein.
792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not appear that the tool and die makers, although cognizant of the
plant-wide organizational activities of the C. I. 0. in 1941, at any
time, sought separate representation as a craft unit or protested the
plant-wide organizational activities of the C. I. 0. Following recog-
nition of the C. I. 0. as the' bargaining representative of the Com-
pany's production and maintenance employees, all of the tool and die
makers became members of the C. I. 0.3 A tool and die maker was
elected the first chairman of the C. I. 0. plant-wide grievance com-
mittee; and thereafter the tool and die makers unanimously voted
for the election of a tool and die maker as a member of such commit-
tee. The tool and die makers did not elect as they had a right to do,
a steward from among themselves to act for them, but permitted the
plant-wide grievance committee to handle their grievances without
complaint or protestation. In May 1944, a supplement to the existing
contract was executed at the request of the C. I. 0. which pertained
solely to the tool and die room, and provided for a bulletin board to
be placed in the tool and die room, made provisions for apprentices,
and suitable cranes for handling heavy tools and dies 4
Thus it appears that there has been no history of collective bar-
gaining with the Company other than on a plant-wide basis; that
the tool and die makers have acquiesced since 1941 in the exclusive
bargaining agency of the C. I. 0., as illustrated by their voluntary
membership in that organization and by their acceptance of the bene-
fits obtained by it in their behalf ; and that during this time they
made no effort to retain separate identity as a craft group. One of
the most significant, factors in determining the appropriateness of a
bargaining unit is the form which self organization has taken in the
past. Where a pattern of organization and bargaining history on a
plant-wide basis has existed for a number of years, the Board has
declined to find as appropriate a smaller unit composed of a fraction
of the employees,5 whether' a homogeneous craft groups or an aggre-
gation of employees in some but not all of the departments of a
Company.' An exception to this doctrine has been made in the case
of craft groups under appropriate circumstances.8 However, the unit
sought by the M. E. S. A. in the instant case is not within the ex-
ceptions heretofore recognized by-the Board. In view of the estab-
lished bargaining history on a plant-wide basis, we find that the unit
3 There is some evidence to indicate that the tool and die room employees were the last
to join the C. I 0 Other than this, there is no indication of any reluctance to join.
4 The existing contract contained specific provisions for the tool and die room.
5 See Matter of American Can Co., 13 N. L R B 1252.
a See Matter of Columbus Bolt Works Company, 56 N L. R. B. 273; Matter of Burt
Foundry Company, 45 N. L. R. B. 957.
° Matter of Toledo Scale Company, 45 N. L. R B. 472.
s See Matter of Goodyear Tire d Rubber Company, 55 N. L. R. B. 918 and cases cited
therein.
THE AMERICAN SWISS COMPANY 793
sought by the M. E. S. A. is inappropriate for the purposes of collec-
tive bargaining and we shall dismiss the petition filed herein .9
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition
is inappropriate as stated in Section III, above, we find that no ques-
tion has arisen concerning the representation of employees of the
Company within the meaning of Section 9 (c) of the National Labor
Relations Act.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the Board hereby orders that the petition for investiga-
tion and certification of representatives of employees of The Amer-
ican Swiss Company, Toledo, Ohio, filed by Mechanics, Educational
Society of America, Local No. 4, (C. U. A.) be, and it hereby is,
dismissed.
8 See Matter of Doehler The Casting Company, 58 N. L. R B 166.