Hendrick Manufacturing Co.

In the Matter ' of HENDRICK MANUFACTURING COMPANY and INTERNA- TIONAL ASSOCIATION OF MACHINISTS (AFL) Case No. R-4803.-Decided February 22, 1943 Jurisdiction : perforated metals and mine equipment manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding foremen, supervisors, assistant supervisors, chief timekeeper, personnel director, guards, and clerical employees; agreement as to. Mr. Daniel McM.'Blackburn, of Carbondale, Pa., for the Company. Mr. John A. Somers, of Scranton, Pa., for the I. A. M. Mn, Wallace E. Royster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists (AFL), herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representation of employees of the Hendrick Manufacturing Company, Carbondale, Pennsylvania, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at Wilkes-Barre, Pennsylvania, on February 2, 1943. The Company and the I. A. M. appeared, participated, and 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hendrick Manufacturing Company is a Pennsylvania corporation having its principal place of business in Carbondale, Pennsylvania. 47 N. L. R. B., No. 105. 856 HENDRI'CK MANUFACTURING COMPANY 857 ,It is engaged in the manufacture, sale, and distribution of perforated metals and mine equipment. The principal raw materials used by the Company are steel bars, steel plate, and other materials. In 1942, the Company purchased for use at its Carbondale plant raw materials valued at approximately $900,000, of which about 10 percent was shipped to said plant from points outside the State of Pennsylvania. During the same year, the Company produced finished products hav- .ing a value of approximately $2,000,000, of which about 40 'per- cent was shipped from said plant to points outside the State of Pennsylvania. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International, Association of Machinists, affiliated with the Ameri- can Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 15, 1942, the I. A. M. wrote the Company advising it that the I. A. M. represented a majority of the employees of the Company and requesting a conference for the purpose of discussing recognition. On December 19, 1942, the Company refused to grant such recog- nition unless and until the I. A. M. is certified by the Board as the bargaining agency of the employees. The statement of the Acting Regional Director, 'introduced into evidence, indicates that the I. A. M. represents a substantial number of employees of the Company in the unit hereinafter 'found appropriate.' 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 Act. IV'. THE APPROPRIATE, UNIT The parties are agreed, and we find, that all employees 2 of the Company at its Carbondale plant, excluding foremen, assistant fore- 'The The Acting Regional Director stated that the I. A. M submitted 276 authorization cards, all but 1 of which bore apparently genuine original signatures . All but 6 cards were dated in December 1942 Two hundred fifty-two of the cards bore the names of persons whose names appear on the Company's pay roll of January 19, 1943. There are approximately 375 employees in the appropriate unit. 2It was agreed that the inclusions encompass , among others , maintenance employees, truck drivers, tool designer, shipping employees, and laborers. 858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD .men, supervisors, assistant supervisors, chief timekeeper, personnel director,- guards;' and-clerical, employees;, constitute a unit ,appropriate .for the'purposes'of collective'baz`gainilig-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 an election by secret ballot among the em- ployees 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- Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as a part of the investigation to ascertain representa- tives for the purposes of collective bargaining with-Hendrick Manu- facturing Company, Carbondale, Pennsylvania, 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 su- pervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, ,among all employees of the Company 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 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 any who have since quit or been discharged for cause, to'determine whether or not they desire to be represented by International Association of Machinists, affiliated with the A. F. L., for the purposes of collective bargaining.