Superior Coach Corp.

In the Matt%r of SUPERIOR COACH CORPORATION and INTERN &TIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, A. F._ of L. Case No. R-5267-Decided May 18,1943 Wheeler, Bentley, Neville & Cory,'by Mr. C. H. Cory, of Lima, Ohio, for the Company. - Mr. George Edgerton, of Cleveland, Ohio, for the Blacksmiths. Mr. Lowell Goerlich, of Toledo, Ohio, and Mr. Howard Sere-n, of Lima, Ohio, for the UAW-CIO. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION - STATEMENT OF THE CASE ,'Upon petition duly filed by International Brotherhood of Black- smiths, Drop Forgers and Helpers, A. F. of L., herein called- the- Blacksmiths, alleging that a question affecting commerce had arisen concerning the representation of employees of Superior Coach Corpo- ration,' Lima, Ohio, herein called the Company, the National Labor Relations-Board provided for an appropriate hearing upon- due notice- before Louis Plost, Trial Examiner. Said hearing was held at Lima, Ohio, on April 30, 1943. At the commencement of the hearing, the Trial Examiner granted a motion of International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, Local No. 711, herein called the UAW-CIO, to intervene. The- Company, the Blacksmiths, and the UAW-CIO appeared at and participated in the hearing, and all parties were afforded full op- portunity 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. 49 N. L. R ' B., No 124. 873 874 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TIIE COMPANY Superior Coach Corporation is an Ohio corpoiratiollrwith its prin- cipal place of business at Lima, Ohio, where it is engaged in the manu- facture of automobile-bodies.' During 1942 the Company purchased raw materials valued in excess of $1,000,000, approximately 30 percent, of which was shipped to it from points outside the State of Ohio. During the same period the Company sold finished products valued in excess of $2,000,000, 90 percent of which was 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. H. THE ORGANIZATIONS INVOLVED International Brotherhood of, Blacksmiths, Drop Forgers and Helpers is a labor organization affiliated.with,the American Federa- tion of Labor, admitting to membership employees of the Company. International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local No. 711, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 31, 1943,, the Blacksmiths asked the Company for a col- lective bargaining conference. - The Company refused this request, ttnd stated it would extend recognition if and when the Blacksmiths, is certified by the Board. On May 11, 1942, the Company and the UAW-CIO entered into a closed-shop contract. The contract provided that it shall remain in effect until May 11; 1943, and thereafter unless either party thereto notifies the other of a desire to terminate. ,Inasmuch as the contract expired'on May 11, 1943, and notice was served upon the Company by the Blacksmiths on March 31,,1943, we find that the contract does not constitute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Blacksmiths represents a ;substantial number of employees in the unit hereinafter found to be appropriate.' 'The Field Examiner reported that the Blacksmiths presented 70 authorization cards beating apparently genuine signatures of persons whose names appear on the Company's, pay roll of Apiil 10, 1043 Theie are approximately 365 employees in the appropriate unit The UAW-CIO relies upon its contract as evidence of its repiesenta:ion We find that the Blacksmiths has made a sufficient showing of membership to warrant a determi- nation of iepresentatives in this case, in view of the fact that the UAW-CIO and the Com- pany were,parties to a closed shop contract which recently' expired. ' SUPERIOR COACH CORPORATION 875 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Lima plant of the Com- pany, excluding watchmen who are auxiliary military police, super- visory employees, foremen, subforemen, working foremen or straw- bosses, draftsmen, engineers, and office and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act 2 V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of 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 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 DHIEcrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Superior Coach Corporation, Lima, 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 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 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 'This is the same unit that ie plovuled for in the rontiact between the UAW CIO and the Company, alluded to above. 876 DECISiIONS OF NATIONAL LABOR RELATIONS BOARD 'discharged for cause; to determine whether they desire to be repre- sented by. International Union, United Automobile; Aircraft and Agricultural Implement Workers of America, Local No. 711, affiliated with the Congress of Industrial Organizations, or by International Brotherhood of Blacksmiths, Drop 'Forgers. and Helpers, affiliated with the American Federation of Labor, for the purposes of collective :bargaining, or by neither.