The Cleveland Frog & Crossing Co.

National Labor Relations Board - Board Decisions

May 22, 1946

68 N.L.R.B. 194 (N.L.R.B. 1946)

In the Matter of THE CLE*LAND FROG & CROSSING COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 54
Case No. 8-R-2142.-Decided May 22, 1946
Messrs. L. C. Spieth and Chester Nikodym, of Cleveland, Ohio, for
the Company.
Messrs. Mark Kelly and Howard Tausch, of Cleveland, Ohio, for
the Union.
Mr. C. D. Madigan, of Cleveland, Ohio, for the Pattern Makers.
Mrs. Margaret H. Patterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machinists,
District 54, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Cleveland Frog & Crossing Company, Cleveland, Ohio, herein called
the Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before George F. Hayes, Trial Ex-
aminer. The hearing was held at Cleveland, Ohio, on April 23, 1946.
The Company, the Union, and Pattern Makers League of North America
(A. F. L.),1 herein called the Pattern Makers, 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 prejudi-
cial 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
I. THE BUSINESS OF THE COMPANY
The Cleveland Frog & Crossing Company is an Ohio corporation
engaged in the manufacture of frogs , crossings , switch stands and
'After the hearing, the Pattern Makers requested permission to withdraw its motion to
intervene . The motion is hereby granted.
68 N. L. R. B, No. 27.
194
THE CLEVELAND FROG & CROSSING COMPANY 195
similar supplies for electric and steam railroads. During the year 1945,
the Company purchased raw materials outside the State of Ohio in the
amount of $550,454.09. During the same period finished products
valued at $898 , 578.18 were shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists , District 54, is a labor or-
ganization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until the
Union has been certified by the Board in an appropriate unit.
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 Union seeks a unit of all production and maintenance employees,
excluding office clerical employees , foremen, assistant foremen , pattern
makers, and all supervisory employees.
The Company and the Union agree that "draftsmen" fall within the
category of office clerical employees and should be excluded from the
unit. A dispute exists with respect to watchmen and boiler-room opera-
tors, whom the Company would exclude and the Union would include
in the unit.
The Company contends that watchmen and boiler-room operators are
not production and maintenance workers. Inasmuch as there is no con-
tention that the watchmen are militarized or serve in any monitorial
capacity, we shall include them in the unit of production and maintenance
employees . The Company has offered no evidence to support the con-
tention that boiler- room operators are not production and maintenance
employees and we shall , therefore , include them in the unit.
We find that all production and maintenance employees , including
watchmen and boiler-room operators , but excluding office clerical em-
ployees, pattern makers, draftsmen , foremen, assistant foremen, and all
or any other supervisory employees with authority to hire, promote, dis-
charge, or discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit appropriate
696966-46-14
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
ject 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 The Cleveland Frog
& Crossing Company, Cleveland, 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 Eighth 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 employees
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direc-
tion, 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 them-
selves 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 International Association of Ma-
chinists, District 54, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.