Lipe-Rollway Corp.

In the Matter of LIPE-ROLLWAY CORP., SOLVAY DIVISION and UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO Case No. R 52.,..x:Decided May 6, 19.1,3 Messrs. Hancock, Dorr, Ryan and Shove, by Mr. C. E. DOrr, of Syra- cuse, N. Y., for the Company. - Mr. Francis X. O'Mealia, of Syracuse N. Y., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND, DIRECTION OF ELECTION STATEMENT OF 'THE CASE Upon amended petition duly filed by United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, herein called the Union; alleging that a question affecting commerce had arisen concerning the representation of employees of Lipe-Rollway Corp., Solvay Division, Solvay, 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 Syracuse, New York, on April 21,1943. The Company and the Union appeared, 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 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 Lipe-Rollway Corporation, herein called the Corporation, is a New York corporation engaged in the manufacture of tools, heavy duty automotive clutches, and parts for tanks. For, this purpose the cor- poration operates one plant at Syracuse, NEw York, and another plant 49 N. L R B., No. 78. 552 LIPE-ROLLWAY CORP. 553 at Solvay, New York, known as Lipe-Rollway Corp., Solvay Division and designated herein as the Company, with which we are here con- cerned. The major products manufactured by the Solvay plant consist of tank parts. The Corporation in its entirety is operating practically 100 percent for the national war effort. Between January 1, 1942, and December 30, 1942, the Corporation used at its Syracuse, New York, plant, raw materials valued at approximately $320,000, of which about 49 percent represents shipments made to the Corporation from points outside the State of New York. During the same period the Corpora- tion manufactured at its Syracuse, New York, plant, finished products valued at approximately $786,000, of which about 95 percent repre- sents shipments to points outside the State, of New York. No figures were disclosed at the hearing herein for, the Corporation's operations conducted at its Solvay Division. The corporation admits that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. Since the Company is a division of the Corporation per- forming integrated operations therewith, we, find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, 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 recognize the Union as the bargaining representative of its employees unless and until it has been certified as sucli,by the Board. A statement of the Field Examiner, introduced into evidence at the hearing indicates that the Union represents a substantial number of employees 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 In accordance with a stipulation of the parties, we find that all pro- duction and maintenance employees of the Lipe-Rollway Corp., Solvay 1 The Field Examiner reported that the Union submitted 34 designation cards, of which 33 bore apparently genuine original signatures . Thirty of these contain the names of persons appearing upon the Company 's pay roll of March 27 , 1943. This pay roll con- tained 58 names of persons within the appropriate unit. 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 0 Division, excluding supervisory employees, foremen, assistant foremen, timekeepers, clerical workers, and plant protection employees, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which _lias'arisen be,'r`esolved 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 Relations Board Rules and Regulations-Series 2,. as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Lipe-Rollway Corp., Solvay Division, Solvay, 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 super- vision of the Regional Director for the Third 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 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 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 ofthe United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by United Auto- mobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.