The Standard Tool Co.

National Labor Relations Board - Board DecisionsOct 1, 1940

27 N.L.R.B. 599 (N.L.R.B. 1940)

In the Matter of TIIE STANDARD TOOL COMPANY and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 217 (CIO) Case No. R-2005.-Decided October 1, 1940 Jurisdiction : tool manufacturing industry. Investigation and Certification of Representatives : existence of question upon failure to controvert allegation that question exists; election necessary. Unit Appropriate for Collective Bargaining : hourly paid production and main- tenance employees, excluding managerial foremen and assistant foremen, cafeteria utility employees, factory-office and main-office employees, chief elec- trician, and stock chasers. Stanley ct Sinoyer, by Mr. Harry E. Sm,oyer, of Cleveland, Ohio, for the Company. Mr. Arthur J. Peterson and Mr. A. E. Stevenson, both of Cleveland, Ohio, for the Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 2, 1940, United Automobile Workers of America, Local No. 217 (CIO), 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 Standard Tool Company, Cleveland, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 8, 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 an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 9, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a -hearing was held on August 19 and 20, 1940, 27 N. L. R. B, No. 112. 599 600 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD at Cleveland, Ohio, before Harry L. Lodish, the Trial Examiner duly designated by the Board. The Company was represented by counsel, and the Union by its representatives. All parties participated in the hearing and' were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the commencement of the hearing, at the close of the Union's case, and at the close of all the evidence, the Company moved to dismiss the petition on the ground that there was no sufficient show- ing of membership to raise a question concerning representation. The Trial Examiner reserved ruling thereon. For the reasons stated in Section III, infra, the motion is hereby denied. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. After the hearing the Company submitted a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Standard Tool Company, an Ohio corporation with its prin- cipal office and plant in Cleveland, Ohio, is engaged in the manu- facture and sale of small cutting tools of all kinds. Almost all the raw materials used by the Company come from outside the State of .Ohio, and approximately 90 percent of its finished products are sold and delivered outside the State of Ohio. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Automobile Workers of America, Local No. 217 (CIO), is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION - In the verified petition the Union alleged that the Company had .refused-to recognize the Union as the exclusive representative of its employees without a, certification by the Board. At the hearing there was introduced in evidence a report prepared by the Regional Director showing that the Union represented-a substantial number of employees in the unit found appropriate in Section V, infra' 'The Company 's pay roll for August 10, 1040 , introduced in evidence as an exhibit, discloses that there are approximately 463 employees in the appropriate unit The report THE STANDARD TOOL COMPANY 601 We find that a question has arisen concerning the representation of employees of the Company.' IV. THE EFFECT OF THE 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 l above, has a close, intimate, and substantial rela- tion 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. TIIE APPROPRIATE UNIT The parties stipulated that all hourly paid production and mainte- nance employees of the Company, exclusive of managerial foremen and assistant foremen and main-office help, constitute an appropriate unit. The parties disagree, however, as to whether 17 employees listed on the Company's pay roll of hourly paid employees are assistant foremen and therefore excluded from the unit.3 The Union also seeks to have of the Regional Director 'shows that 162 employees on the pay roll of August 10, 1940, in the appropriate unit , have signed cards designating the Union as collective bargaining representative Seventy cards were dated between April and August 1940 , and ninety- three were undated 2 See Hatter of Tidewater Associated Oil Company and American Radio Telegraphists' Association , 5 N L R B 954 - 9 The Union contends that 23 employees listed on the pay roll of August 10, 1940, are assistant foremen and therefore excluded The Company acquiesces in the contention of the Union as to the following six employees, who are therefore excluded Name Department Frank Kozikowski------------------------ Screw Machine--------------------------- Joe Wick --------------------------------- Point Grinding--------- ----------- ------- Frank Ward------------------------------ Straightening ----------------------------- Dave Miller----------------------------- Laborers and General Maintenance Work- Nick Screptock ---------------------------- Milling H --------------------------------- Walter Streibich--------------------------- Machine Shop---------------------------- The parties disagree as to the supervisory status of the following 17 employees Name Department Clock No. 1727 3102 '2703 810 2544 722 Clock No Charles Noyes----------------------------- Milling F------------------------------- 4005 Otto Vallish------------------------------ Round Grinding-------------------------- 3302 Joe Brichacek ----------------------------- Wheel Burring ---------------------------- 2000- Bon Goodman----------------------------- Carbon Hardening-- ---------------------- 2202 Carl Malerus ----------------------------- High Speed Hardening-------------------- 2233 EmilleNenadal ----------- Tempering------------------------------ 2205 Clarence Schlosser----- ------------------- FinalInspection-------------------------- 1309 John Schmidt ----------------------------- Turning Inspector ----------- ------------- 1314 William Zohler Stamping--------------------------------- 1340 Henry Woldin------2-------- ------------ Milling F------------------------------- 1405 Fred Anderle----------------- - ----------- - Milling D --------------------------------- 1454 Joe Hudak, Sr-------------------------- 'Automatic Turning----------------------- 1021 George Ponchok--------------------------- Tap- ------------------------------------- 1603 Jos Mulac -------------------------------- Automatic Cut-off ------------------------ 163 Fred Andrassy ---------------------------- Cut-off----------------------------------- 654 Jamcq Driscoll----------------------------- Chuck----------------------------------- 305 Jos Hanslik-----------------------•------- Carpentei Shop----------------------- 801 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excluded from the appropriate unit three utility employees of the Company's cafeteria, an employee alleged to be in charge of elec- tricians, factory-office employees, a, stock chaser, and a department timekeeper. All these employees are hourly paid employees, and the Company contends that they should be included in the appropriate unit. All 17 hourly paid employees alleged to,be assistant foremen 4 are production workers.. When the foreman in each of their respective ,departments is absent because of illness, vacation, or some other cause, they temporarily take charge. When the foreman is present they perform the same work as other employees in their respective depart- ments. They have no authority to hire, discharge, or discipline em- ployees at any time. Under the circumstances, we find that these 17 employees are not supervisory employees, and we shall include them in the unit. Lelia Trail, Bertha Benson, and Mary Reynkowski are employed as utility workers in the Company's cafeteria. These employees are not within the category of production and maintenance workers. We shall exclude them from the unit.5 J. W. Hepner is in charge of the electrical work in the plant. He has two assistants whose work he directs. We find that Hepner is the chief electrician and, under the circumstances, we shall exclude him from the unit. George B. Mertz, Thomas Kolcum, and Joe Slisko constitute the factory office personnel. Mertz and Kolcum sort time cards in-the factory office. Slisko is a messenger and carries mail from one de- partment to another. Their duties make them clerical rather than production and maintenance employees.' We shall exclude them from the unit. Clarence, Guenther is employed as an hourly paid stock chaser. The Company employs two other stock chasers who are excluded from the unit by agreement of all parties because they are paid on a salary basis. Their duties are identical with Guenther's. We shall therefore exclude Guenther, along with the other stock chasers, from the unit. Steven Phillips, employed as a timekeeper in Milling E depart- ment, runs errands for the production supervisor 1 or 2 days each month. We find that running errands is merely incidental to Phillips' work as timekeeper in Milling E department, and that Phillips is in the same category as other timekeepers in the plant. We find that all hourly paid production and maintenance employees of the Company, excluding managerial, foremen and assistant fore- 4 The names of these employees are set forth in-footnote 3. 5 See Matter of Cudahy Packing Company and United Packing House Workers, Local Industrial Union, 756, 14 N. L R. B 244. THE STANDARD TOOL COMPANY 603 men, cafeteria utility employees, factory-office and main-office em- ployees, chief electrician, and stock chasers, constitute a unit appro- priate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall use as the date for determining elgibility of employees to vote the pay-roll date immediately preceding the date of this Direction of Election. On 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 Standard Tool Company, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) (7) of the National Labor Relations Act. 2. -All hourly paid production and maintenance employees of the Company, excluding managerial foremen and assistant foremen, cafe- teria utility employees, factory-office and main-office employees, chief electrician, and stock chasers, constitute a unit appropriate for the purposes of collective bargaining. 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 Rela- tions 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 purposes of collective bargaining with The Standard Tool Company, Cleveland, 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, Section 9, of said Rules and Regulations, among all hourly paid production and maintenance employees of the .604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company who were employed during the payroll period immediately preceding the date of this Direction of Election, including those employees who did not work during such pay-roll period because they ,were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding managerial foremen and assistant foremen, cafeteria utility employees, factory-office and main- office employees, chief electrician, stock chasers, and employees who have since quit or been, discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, Local No. 217 (CIO), for the purposas of collective bargaining.