The Scott & Fetzer Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 469 (N.L.R.B. 1946)

In the Matter of THE SCOTT & FETZER Co. and INTERNATIONAL UNION
OF METAL POLISHERS, BUFFERS, PLATERS AND HELPERS OF NORTH
AMERICA, LOCAL #3, A. F. L.
Case No. 8-R-2022.-Decided March 8, 1946
Mr. J. A. Kemper, of Cleveland, Ohio, for the Company.
Mr. Ray Muehlho ff er, of Cleveland, Ohio, for the A. F. of L.
Mr. David Danes and Miss Ruth Merson, both of Cleveland, Ohio,
for the C. 1. 0.
Mr. Warren II. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Metal Pol-
ishers, Buffers, Platers and Helpers of North America, Local #3,
A. F. L., herein called the A. F. L., alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Scott & Fetzer Co., Cleveland, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Thomas F. Shroyer, Trial Examiner.
The hearing was held at Cleveland, Ohio, on November 5, 1945. The
Company, the A. F. of L., and United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the C. I. 0., appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 biefs with the Board.
Upon the entire record in the case, the Board makes the following :
66 N. L. R. B., No. 57.
469
470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
The Scott & Fetzer Co., an Ohio corporation with its principal
office and place of business in Cleveland, Ohio, is engaged in the manu-
facture of vacuum cleaners. The annual volume of business conducted
by the Company is in excess of $500,000, and a substantial portion of
its finished products is shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
International Union of Metal Polishers, Buffers, Platers and
Helpers of North America, Local #3, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
United Electrical, Radio & Machine Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. L. as
the-exclusive' bargaining representative of certain of its employees
until the A. F. L. has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. L. represents a substantial number
of employees in the unit alleged by it to be appropriate.'
W 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 DETERMINATION OF REPRESENTATIVES
The A. F. L. contends that a unit consisting of metal polishers and
buffers is appropriate. The C. I. O. urges, however, that a plant-wide
a The Field Examiner reported that the A . F. L. submitted authorization cards bearing
the names of 15 employees listed on the Company 's pay roll of October 14 , 1945, and
that the cards are dated October 8, 1945.
There are approximately 20 employees in the unit sought by the A. F. L.
As evidence of its interest in this proceeding , the C. I. O. submitted to the Trial
Examiner at the hearing 32 authorization cards. There are approximately 115-150
employees in the plant-wide unit sought by the C I. 0
THE SCOTT & FETZER CO. 471
unit of all production and maintenance employees, including the
polishers and the buffers, be established. It appears that the Com-
pany take a neutral position regarding the unit issue.
There has been no previous history of bargaining at the Company's
plant. From the record it appears that the Company conducts its
operations as an integrated enterprise, and that a unit of production
and maintenance employees, which is almost invariably appropriate,
would be feasible for collective bargaining purposes. But it also
appears that the metal polishers and buffers are a homogeneous and
skilled group of employees whom we have recognized in the past as
constituting a separate appropriate unit.2 Accordingly, we shall not
make a present finding as to the appropriate unit or units, but shall
determine the desires of the employees themselves by directing sepa-
rate elctions among the metal polishers and buffers, and among the
remaining production and maintenance employees at the plant. Upon
the results of the elections will depend, in part, our determination of
the appropriate unit or units.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among
the Company's employees in each of the following groups described
below 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 :
Group 1. All metal polishers and buffers, excluding the foreman,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action ; and
Group 2. All remaining production and maintenance employees,
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.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Scott & Fetzer
Co., Cleveland, Ohio, separate elections by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
2 See Matter of The Yale & Towne Manufacturing Company, 44 N. L. it. B. 1259.
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the em-
ployees in the voting groups described 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 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 elections,
(1) to determine whether the employees in Group 1, described in
Sction IV, above, desire to be represented by Metal Polishers, Buffers,
Platers and Helpers of North America, Local #3, A. F. L., or by
United Electrical, Radio & Machine Workers of America, C. I. 0.,
for the purposes of collective bargaining, or by neither; and (2) to
determine whether or not employees in Group 2, described in Section
IV, above, desire to be represented by United Electrical, Radio
Machine Workers of America, C. I. 0., for the purposes of collective
bargaining.