The Hanson Clutch and Machinery Co.

National Labor Relations Board - Board Decisions

Aug 30, 1946

70 N.L.R.B. 1021 (N.L.R.B. 1946)

In the Matter of THE HANSON CLUTCH AND MACHINERY COMPANY,
EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS,
PETITIONER
In the Matter of THE HANSON CLUTCH AND MACHINERY COMPANY,
EMPLOYER and AMERICAN FEDERATION OF LABOR, PETITIONER
Cases Nos. 8-R-2238 and 8-R-2245, respectively.Decided August
30,1946
Messrs. Paul Flynn and Fred A. Smith, of Toledo, Ohio, for the
Employer.
Mr. Howard F. Tausch, of Cleveland, Ohio, for the I. A. M.
Mr. Fred Whiteman, of Toledo, Ohio, for the A. F. L.
Mr. Martin T. Camacho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed in these cases the National Labor
Relations Board consolidated the cases, and hearing thereon was held
at Tiffin, Ohio, on July 19, 1946, before Thomas E. Shroyer, Trial
Examiner. The' Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Hanson Clutch and Machinery Company is an Ohio corpora-
tion having its place of business at Tiffin, Ohio, where it is engaged
in the manufacture of excavators, machinery trailers and friction
clutches. During the past 6 months it purchased raw material valued
at more than $50,000, of ,which approximately 50 percent came from
outside the State of Ohio. For the same period it manufactured
70 N. L. R. B., No. 78.
1021
1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
products valued in excess of $100,000, approximately 50 percent of
which is ultimately shipped to points 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 ORGANIZATIONS INVOLVED
International Association of Machinists, herein called the I. A. M.,
is a labor organization claiming to represent employees of the
Employer.
American Federation of Labor, herein called the AFL, is a labor
organization claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize either the IAM or the AFL as
the exclusive bargaining representative of employees of the Employer
until certification has been made by the Board in an appropriate
unit.
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
We find, in accordance with the agreement of the parties, that all
production and maintenance employees 1 of the Employer in its three
Tiffin, Ohio, plants but excluding office clerical employees and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
-effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Hanson Clutch and
Machinery Company, Tiffin, 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 National Labor Relations Board
I From the evidence adduced at the hearing it appears that the Employer' s two guards
and the employees designated in the record as "key men" fall within the classification of
production and maintenance employees.
THE HANSON CLUTCH AND MACHINERY COMPANY 1023
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 o'f, 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 date of the elec-
tion, to determine whether they desire to be represented by the Inter-
national Association of Machinists or by the American Federation of
Labor, for the purposes of collective bargaining, or by neither.
DIR. JAMES J. REYNOLDS, JR., took no part in the consideration of
the above Decision and Direction of Election.