Columbus McKinnon Chain Corp.

In the Matter of COLUMBUS MCKINNON CHAIN CORPORATION and CHAIN 'WORKERS' UNION OF TONAWANDA , Case No. P-4343.-Decided November R, 1942 Jurisdiction : chain and hoist manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord either of competing unions recognition until certified by the .,Board; election necessary. Unit Appropriate for Collective Bargaining : all employees, including inspectors, but excluding office and supervisory employees, guards, drafting room employees, and development and experimental laboratory employees Kenefick, Cooke, Mitchell, Bass cC Letchworth, by Mr. Lyman M. Bass, of Buffalo, N. Y., for the Company. Mr. Kevin Killeen, of Buffalo, N. Y., for the Independent. Mr. Almond Clough, of Buffalo, N. Y., for the United. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Chain Workers' Union of Tonawanda, herein called the Independent, alleging that a question affecting com- merce had arisen concerning the representation of employees of Co- lumbus McKinnon Chain Corporation, Tonawanda, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis V. Cole, Trial Examiner. Said hearing was held at Buffalo, New York, on. October 6 and 15, 1942. The Company, the Independent, and United Electrical, Radio & Machine Workers of America, herein called the United, ap- peared, participated, and 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 hear- ing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Columbus McKinnon Chain Corporation is a New York corporation with its principal place of business at Tonawanda, New York, where 45 N. L. R. B., No. 47. 308 COLUMBUS McKINNON CHAIN CORPORATION -309 it is engaged in the manufacture of chains and hoists. During the 12- month period ending September 30,1942, the Company purchased raw materials valued at about $2,000,000, approximately 53 percent of which was shipped to it from outside the State of New York. During the same period, the Company manufactured finished products valued in 'excess of. $2,000,000, approximately 87 percent of which was shipped out of the State of New York. The Company admits, for the purposes .of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations Act. . II. THE ORGANIZATIONS INVOLVED Chain Workers' Union of Tonawanda is an unaffiliated labor or- ganization admitting to membership employees of the Company. - United Electrical, Radio & Machine Workers of America is , a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership employees of the Company. II. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize either the Independent or the United as the exclusive bargaining representative of its employees until such time as one or the other is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Independent represents a sub- stantial number of the employees in the unit hereinafter found to be appropriate., We And that a question affecting commerce has arisen concern- ing 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 Independent contends that all employees of the Company, .excluding..office.,,and supervisory,employees,.'.employees.,-having-:the authority to hire and discharge or to recommend hire and discharge, guards, inspectors, drafting room employees, and development and experimental laboratory employees, constitute an appropriate unit. The only controversy with respect to the unit concerns inspectors. 1 The Regional Director reported that the Independent presented 282 membership appli- cation cards, bearing apparently genuine signatures of the persons whose names appear on the Company 's pay roll of September 12, 1942. There are approximately 580 em- ployees in the unit hereinafter found to be appropriate. The Regional Director further reported that the United presented 114 authorization cards bearing apparently genuine Big-, natures of the persons whose names appear on the September 12, 1942, pay roll of the Company. - ' 310 DECISIONS OF NATIONAL- LABOR RELATZONT BOARD The Company employs 70 persons designated by it as inspectors. All parties agree that 54 of the inspectors should be included in the unit. However, the Independent and the Company would ex- clude the remaining 16 inspectors-while the United would include them in the unit. The 16 inspectors in dispute pass upon the work of other employees who work on a piece-work basis. However, the record does not indicate that the duties of the employees in dispute are supervisory or confidential in any respect. Under the circumstances, we shall include all inspectors in the unit. We find that all employees of the Company, including inspectors,, but excluding office and supervisory employees, employees having the authority to hire and discharge or to recommend hire land discharge, guards, drafting room employees, and development and experimental laboratory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETER31INATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby „DuiECTED that, as- part of the investigation to ascertain representa- tives for •the purposes of collective, bargaining with Columbus Mc- Kinnon Chain Corporation, Tonawanda, New York, 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 Third Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 10, 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 preceding the date of this Direction, including any such 'COLUMBUS McKINNON CHAIN CORPORATION 311 employees who did not work during said pay-roll period because they were ill or on vaction or in the active military service or train- ing of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by Chain Workers' Union of Tonawanda, or by United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations. for the purposes of collective bargaining, or by neither.