The Cleveland Graphite Bronze Co.

National Labor Relations Board - Board Decisions

Aug 9, 1946

69 N.L.R.B. 1350 (N.L.R.B. 1946)

In the Matter of THE CLEVELAND GRAPHITE BRONZE COMPANY, EM-
PLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL 407
(AFL), PETITIONER
Case No. 8-R-031.-Decided August 9,19416
Messrs. Glenn O. Smith and Merrill Young, of Cleveland, Ohio,
for the Employer.
Messrs. Elmer J. Patton, Edward Burke, William Welch, and
Albert Evans, of Cleveland, Ohio, for the Petitioner.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Cleve-
land, Ohio, on June 17, 1946, before George J. Hayes, Trial Examiner.'
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. At the hearing the Em-
ployer moved to dismiss the petition on the grounds that the unit
sought is inappropriate and that the filing of the petition is untimely.
The motion was referred to the Board by the Trial Examiner. For
reasons hereinafter stated the motion is denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Cleveland Graphite Bronze Company, an Ohio corporation
with its offices and plant located at Cleveland, Ohio, is engaged in the
manufacture of bearings and bushings. During the calendar year of
1945, more than half of the raw materials utilized by the Employer,
consisting of steel, copper, bronze and cadmium, originated from
' Although Mechanics Educational Society of America , CUA, herein called MESA, was
served with Notice of Hearing, it did not appear at the hearing or otherwise participate in
the proceedings.
69 N. L. R. B.„ No. 172.
1350
THE CLEVELAND GRAPHITE BRONZE COMPANY 1351
points outside the State of Ohio. During the same period, the
Employer's sales were valued at in excess of $40,000,000, of which
more than 50 percent consisted of products sold and shipped outside
the State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
On November 1, 1945, the Petitioner, by letter directed to the Em-
ployer, requested recognition as the exclusive bargaining represent-
ative of all outside truck drivers working at the Employer's plant.
The Employer declined to grant recognition to the Petitioner. The
Petitioner thereafter filed its petition on November 6, 1945.
It is the contention of the Employer that the filing of the petition
is untimely, inasmuch as the truck drivers herein concerned are pres-
ently included in a contract between MESA and the Employer cover-
ing a plant-wide unit of hourly paid employees. The contract covering
this unit was originally executed in 1941 and was to remain in effect
for the duration of war. On January 1, 1946, the Employer and
MESA entered into a new contract covering the same unit. Inasmuch
as the 1941 contract was for an indefinite duration, and the 1946 con-
tract was executed subsequent to the filing of the petition herein, it is
apparent that neither could operate to prevent a present determina-
tion of representatives.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner urges as appropriate a unit consisting of all out-
side truck drivers at the Employer's plant .2 The Employer, relying on
the past history of collective bargaining, contends that only a plant-
wide unit is appropriate.
As previously indicated, the outside truck drivers and other hourly
paid employees have been represented in a plant-wide unit by MESA.
The record discloses, however, that despite their inclusion in the bar-
gaining contracts, the truck drivers have on numerous occasions
2 There are three employees in the proposed unit.
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
demonstrated their identity as a group, by negotiating with the Em-
ployer either directly or through the Petitioner regarding matters of
employment. No objection was ever made by MESA to these activities,
and on every occasion the Employer recognized the Petitioner as the
representative of the truck drivers and voluntarily bargained with it.
These circumstances, together with the absence of any objection on
the part of MESA,' lead us to the conclusion that the outside truck
drivers may constitute a separate bargaining unit, or remain part of
the existing plant-wide unit.' We shall, therefore, make no present
determination of the appropriate unit, but shall reserve such finding
pending the results of the election hereinafter directed to ascertain the
desires of the outside truck drivers themselves. We shall direct that
an election by secret ballot be conducted among all outside truck
drivers of the Employer, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, 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, to determine
whether or not they desire to be represented by the Petitioner. If the
employees select the Petitioner as their representative, they shall con-
stitute a separate unit, otherwise they shall remain part of the plant-
wide unit presently represented by MESA.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Cleveland Graphite Bronze
Company, Cleveland, Ohio, an election by secret ballot shall be con-
ducted 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 National Labor Relations Board Rules and
Regulations-Series 3, as amended, 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 in-
3 See footnote 1, supra.
4 See Matter of Bethlehem Steel Company , 64 N. L . R. B. 352 ; Matter of Scott Paper
Company, 64 N. L. It . B. 1236; Matter of Corona Corporation , 66 N. L. It. B. 583; and
Matter of The Standard Register Company , 67 N. L . It. B. 322.
THE CLEVELAND GRAPHITE BRONZE COMPANY 1353
eluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to thedate of the election, to determine
whether or not they desire to be represented by International Brother-
hood of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local 407 (AFL), for the purposes of collective bargaining.