The Lukas-Harold Corp.

National Labor Relations Board - Board DecisionsSep 21, 1943

52 N.L.R.B. 790 (N.L.R.B. 1943)

In ' the Matter of THE LUXAS-HAROLD CORPORATION and METAL POLISHERS , BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION, A. F. of L. Case No. R-5885.-Decided September 11, 1943' Mr. S. M. Chapin, of New York City, for the Company. Messrs. Bay Kelsay and Walter Bennett, of Cincinnati, Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Metal Polishers, Buffers, Platers and Helpers International Union, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Lukas-Harold Corporation, In- dianapolis, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Indianapolis, Indiana, on August 24, 1943. The Company and the Union appeared at and participated in the hearing.' 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 prejudicial 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 Lukas-Harold Corporation is a Connecticut corporation operat- ing a plant at Indianapolis, Indiana, with which we are here concerned, 3 Although United Electrical, Radio & Machine Workers of America was served with notice of hearing, it did not appear. 52 N. L. R. B., No. 139. 790 THE LIIXAS-HAROLD CORPORATION 4 791 where it is engaged in the manufacture of fire control equipment for the United States Government. The Company uses raw material valued in excess of $100,000 annually at its Indianapolis plant, ap- proximately 75 percent of which is shipped to it from points outside the State of Indiana. During the same period the Company manu- factures finished products valued in excess of $1,000,000, all of which is shipped to points outside the State of Indiana. II. THE ORGANIZATION INVOLVED Metal Polishers, Buffers, Platers and Helpers International Union is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of certain of its employees on the ground that the employees claimed by the Union do not constitute an appropriate unit. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be appropriate .2 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all platers, platers' helpers, and metal polishers at the Indianapolis plant of the Company, constitute an appropriate unit. The only controversy with respect to the unit concerns the polishers. The Union contends that the Company employs only 3 metal polishers, while the Company contends that it employs approximately 1,000 persons in that classification. The 3 employees claimed by the Union are the only polishers who are able to construct their own polishing wheels, a rather involved process requiring several years' training and experience. The polishers making their own wheels are paid a higher rate than the other employees performing polishing functions and they work only on special jobs. The polishers desired by the Union constitute a well-defined craft group. The remaining 2 The Field Examiner reported that the Union presented 11 membership application cards bearing apparently genuine signatures of persons whose names appear on a current pay roll of the Company There are approximately 19 employees in the appropriate unit. 792 DECISIONS OF. NATIONAL LABOR: RELATIONS -BOARD employees doing polishing work are not eligible for membership in the Union. We find that all platers, platers' helpers, and all polishers who work on wheels prepared by them, at the Indianapolis plant of the Company, excluding '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. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate.unit 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. 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the: investigation to ascertain representa- tives for the purposes of collective bargaining with The Lukas-Harold Corporation, Indianapolis, Indiana, 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 Article 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 preced- ing the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vaca- tion 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, to determine whether or not they desire to be represented by Metal Polishers, Buffers, Platers and Helpers International Union, A. F. of L., for the purposes of collective bargaining.