The Massillon Aluminum Co.

National Labor Relations Board - Board Decisions

Sep 10, 1940

27 N.L.R.B. 165 (N.L.R.B. 1940)

In the Matter of THE MASSILLON ALUMINUM COMPANY and THE
AMERICAN FEDERATION OF LABOR, FEDERAL LABOR UNION No. 18,302
Case No. R-2010.Decided September 10, 1940
Jurisdiction : cooking utensils manufacturing industry.
Investigation and Certification of Representatives : existence of question . re-
fusal to accord recognition to union ; laid-off employees not eligible to vote ;
election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, and
shipping employees, excluding supervisory and clerical employees, and watch-
men.
Mr. Donald K. Merwin, of Canton, Ohio, for the Company
Mr. Jesse Gallagher, of Cleveland, Ohio, for the Union.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 15, 1940, the American Federation of Labor, Federal Labor
Union No. 18,302, herein called the Union, filed with the Regional
Director, for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Massillon Aluminum Company, Massil-
lon, Ohio, herein called the Company, and requesting an investigation
'and certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
August 7, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered air investigation and authorized the-
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. -
On August 8, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Union,
and upon Council of Aluminum Workers. Pursuant to the notice,
27 N. L R B., No 38
165
166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a hearing was held on August 16, 1940, at Massillon, Ohio, before
Max W. Johnstone, the Trial Examiner duly designated by the Board.
The Company and the Union were represented by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. At the commencement of the
hearing the Trial Examiner -granted a motion filed by the Union to
amend its petition. During the course of the hearing the Trial Exam-
iner made several rulings on other motions and on objections to the
admission of evidence. The Board has reviewed all of the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
I
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is an Ohio corporation with its plant at Massillon,
Ohio, where it is engaged in the manufacture of aluminum cooking
utensils. During 1939 the Company purchased raw materials valued
at approximately $175,000, 80 per cent of which were shipped to it
from points outside the State of Ohio. During this same period,
the Company sold finished products valued at approximately $400,-
000, approximately 80 per cent of which were shipped by it to points
outside of the State of Ohio. The Company admits that it is engaged
in interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
Federal Labor Union No. 18,302 is a labor organization affiliated
with the American Federation of Labor, admitting to membership
all production, maintenance, and shipping employees of the Com-
pany, excluding supervisory and clerical employees and watchmen.
III. THE QUESTION CONCERNING REPRESENTATION
On July 13, 1940, the Union requested the Company to recognize
it as the exclusive representative of its employees. The Company
refused to recognize the Union as the exclusive representative of the
employees until it had been certified by the Board.
At the hearing a report of a Field Examiner of the Board concern-
ing. the representation claims of the Union was introduced into evi-
dence. The report stated that membership application cards had
been signed by 65 of the 102 employees of the Company.
THE MASSILLON ALUMINUM COMPANY 167
We find that a question has arisen concerning the representation of
employees of the Company.
IV. TIIE EFFECT OF TaHE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends,to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing that the appro-
priate unit should consist of all production, maintenance, and ship-
ping employees of the Company, excluding supervisory and clerical
employees and watchmen.
We find that all production, maintenance, and shipping employees
of the Company, excluding supervisory and clerical employees and
watchmen, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. TIIE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The parties agreed at the hearing that in
the event that the Board directed an election, eligibility of employees
to vote should be determined by the Company's pay roll' of August 15,
1940.1 In addition, the Union urged that 14 persons laid off since
July 1, 1940, be allowed to vote in the election and the Company op-
posed the request. The record shows that 11 of these persons were
laid off for lack of work and 3 voluntarily resigned for various reasons.
Twelve of the 14 persons were first employed by the Company in the
fall of 1939, and the other Thad worked for the Company for 2 and 3
year's respectively.
There is no evidence in the record showing whether or not em-
ployees are laid off in accordance with any principle of seniority and
there is no showing with respect to the Company's past practice in
1 The names of the employees on this pay roll were read into the record at the hearing.
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rehiring laid-off employees.' In the absence of such facts, _we find
that the employees laid off should not be eligible to vote in the elec-
tion. We find that those employees of the Company within the
appropriate unit whose names appear on the Company's pay roll of
'August 15, 1940, should be eligible to vote, excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Massillon Aluminum Company, Massil-
lon, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production, maintenance, and shipping employees of the
Company, excluding supervisory and' clerical employees and watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of the Section 9 (b) of the National
Labor Relations Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purpose of collective bargaining
with The Massillon Aluminum Company,,Massillon, Ohio, an elec-
tion 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 Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production, maintenance, and shipping em-
ployees of the Company whose names appear on the Company's pay
roll of August 15, 1940, excluding supervisory and clerical employees,
watchmen, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Federal Labor Union No. 18,302, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.
2 An official of the Company testified that laid -off employees had no claim to their former
positions
THE MASSILLON ALUMINUM COMPANY 169'
[SAME T1TLE]
SUPPLEMENTAL DECISION
AND
ORDER
October 11, 1940
On September 10, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot should be conducted within thirty (30)
days from the date thereof among all production, maintenance, and
shipping employees of The Massillon Aluminum Company, Massillon,
Ohio, whose names appeared on that company's pay roll on August
15, 1940, excluding supervisory and clerical employees, watchmen, and
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desired to be represented by Federal Labor
Union No. 18,302,'affiliated with the American Federation of Labor
for the purposes of collective bargaining.
Pursuant to the Direction of Election, an election by secret ballot
was held on September 25, 1940, under the direction and supervision
of the Regional Director for the Eighth Region. On September 26,
1940, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election Report
containing a tally of the ballots. In his Report the Regional Director
certified that the balloting was fairly and impartially conducted, that
the ballots cast were duly and fairly counted under his supervision,
'and that statements to that effect had been filed with him by the tellers.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible--------------------------- 75
Total number of ballots cast--------------------------------- 73
Total number of votes cast for Federal Labor Union No 18,302
(AFL) ------------------------------------------ 31
Total number of votes cast against Federal Labor Union No.,
18,302 (AFL)--------------------------------------------- 42
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots ----------------------- ---- 0
The results of the election show that no collective, bargaining repre-
sentative has been selected by a majority of the employees in the
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate unit. The ,petition of Federal Labor Union No. 18,302,
affiliated with the American Federation of Labor, for investigation,
and certification of representatives of employees of The Massillon
Aluminum Company, Massillon, Ohio, will be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS 1EIIEBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of The Massillon Aluminum
Company, Massillon, Ohio, filed by Federal Labor Union No. 18,302,
affiliated with the American Federation of Labor, be, and it hereby is,
dismissed.
27 N. L. R. B., No. 38a. -