The Black-Clawson Co.

National Labor Relations Board - Board Decisions

Aug 31, 1945

63 N.L.R.B. 773 (N.L.R.B. 1945)

In the Matter of THE BLACK-CLAWSON COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, U. A. W.-C. I. 0., AMALGAMATED LOCAL
UNION 176
Case No. 9-R-1788.-Decided August 31, 1945
Mr. J. M. Swigert, of Cincinnati, Ohio, and Mr. P. J. Gerardi, of
Hamilton, Ohio, for the Company.
Mr. Sal Goodman, of Cincinnati, Ohio, and Mr. Bernard Wilberd-
ing, of Hamilton, Ohio, for the UAW-CIO.
Miss Virginia A. Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
U. A. W.-C. I. 0., Amalgamated Local Union 176, herein called the
UAW-CIO, alleging that a question affecting commerce had arisen
concerning the representation of employees of The Black-Clawson
Company, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Louis S. Penfield, Trial Examiner. Said hearing was held at Cin-
cinnati, Ohio, on May 11, 1945. The Company and the UAW-CIO
appeared and participated.' All parties were afforded full opportun-
ity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. At the hearing the Company
moved to dismiss the petition on the ground that its contract with
the Association was a bar to this proceeding. The motion was referred
to the Board. For reasons set forth in Section III, infra, the motion
to dismiss is hereby denied. 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.
I The Paper Machinery Makers Association , referred to herein as the Association, was
served with a Notice of Hearing but failed to appear or participate in the hearing.
The Pattern Makers League of North America was served with a Notice of Hearing but
entered no appearance at the hearing.
63 N. L . R. B., No. 114.
773
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Black-Clawson Company, an Ohio corporation, owns and
operates a plant at Hamilton, Ohio, where it is normally engaged in
the manufacture of various types of paper mill machinery. At present
it is manufacturing machine tool parts, special machinery and machine
parts. Over 50 percent of the raw materials the Company uses are
shipped to it from points outside the State of Ohio. During the past
calendar year the Company manufactured finished products valued
ill excess of $2,000,000, over 85 percent of which was shipped to points
outside the State of Ohio.
The Company concedes, for the purpose of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, U. A. W.-C. I. 0., Amalgam-
ated Local Union 176, affiliated with the Congress of Industrial
Organizations , is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated March 13, 1945, the Company refused to grant rec-
ognition to the UAW-CIO, as the exclusive bargaining representa-
tive of its production and maintenance employees until the UAW-CIO
has been certified by the Board in an appropriate unit.
Pursuant to a closed-shop contract executed in December 1944, the
Company recognized the Association as the exclusive bargaining agent
of the employees in the unit sought by the UAW-CIO in the instant
proceeding. By its terms, the contract retroactively became effective
November 2, 1944, for a term of 1 year. The Company maintains that
this contract is a bar to a present determination of representatives;
the UAW-CIO asserts to the contrary that the Association is no
longer in existence and is incapable of administering its contract.
The Association was formed in July 1944, holding regular bimonth-
ly meetings throughout the months of July, August, September, and
October 1944. In November 1944, an Executive Shop Committee was
appointed to conduct collective bargaining negotiations with the
Company which resulted in the closed-shop agreement already re-
ferred to. The record further discloses, however, that after November
THE BLACK-CLAWSON COMPANY 775
1, 1944, regular meetings were discontinued and that a total of only
three meetings were held altogether. The last one occurred on March
4, 1945, at which time the Association, by unanimous vote, adopted a
resolution dissolving itself and affiliating it$ members with the UAW-
CIO. The former officials of the Association have resigned, many of
them becoming presently active in the UAW-CIO, and no new ones
have been elected. Monthly dues have not been collected since March
1945, and the Association records were turned over to newly elected
officers of the UAW-CIO. The closed-shop clause has not been en-
forced, nor has the Association made any attempt to enforce it. There
has been no communication by the Association to the Company since
March 4, 1945, other than to advise the Company of the dissolution of
the Association. As indicated above, no representative of the Associa-
tion appeared at the hearing.2
In view of the facts set forth above it appears clear that the Asso-
ciation has ceased to function as a representative of the employees of
the Company. In any event, the contract between the Association
and the Company will expire in approximately 2 months. Accord-
ingly, we find that the contract in question is not a bar to this
proceeding.3
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the UAW-CIO represents a substantial number of
employees in the unit hereinafter found appropriate.4
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, substantially in accord with a stipulation of the parties,
that all production. and maintenance employees of the Company-in
its Hamilton, Ohio, plant, but excluding iron and brass foundry work-
ers presently covered by contract between the Company and the Mold-
ers Union, A. F. L., office clerical workers, production supervisors,
foreman, and all or any other supervisory employees with authority
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.
2 See footnote 1, supra
8 Matter of Container Corporation of America, 61 N L R B 823, and cases cited therein.
4 The Field Examiner reported that the UAW-CIO submitted 121 authorization cards ;
that the names of 116 persons appearing on the cards were listed on the Company's pay
roll of April 3, 1945, which contained the names of approximately 167 employees in the
appropriate unit ; and that the cards were dated during the months of January, February,
and March 1945.
776 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 The Black-Claw-
son Company, Hamilton, Ohio, 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 Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle 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 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, U. A. W.-C. I. 0., Amalgamated
Local Union 176, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.