Glascock Stove & Manufacturing Co.

,In the Matter of GLASCOCK STOVE & MANUFACTURING COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. OF L. Case No. 5-R-1379-Decided October 03, 1943 Mr. Norman A. Boren, of Greensboro, N. C., for the Company. Mr. F. Ed. Long, of East Point, Ga., and Mr. Charles Barnam, of Greensboro, N. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION ,AND DECISION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Molders & Foundry Work- ers Union of North America, A. F. of L., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the rep- resentation of employees of Glascock Stove & Manufacturing Com- pany, Greensboro, North Carolina, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert A. Levett, Trial Examiner. Said hearing was held at Greensboro, North Carolina, on September 28, 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 er- ror and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Glascock Stove & Manufacturing Company is a North Carolina corporation operating a plant at Greensboro, North Carolina, where it is engaged in the manufacture of stoves. The Company uses raw materials valued at about $50,000, annually, all of which is shipped to 53 N. L. R. B, No. 5. 18 I GLASiCOCK STOVE, & MANUFACTURING COMPANY 19, it from points outside the State of North Carolina. The Company manufactures products valued at about $200,000 annually, approx- imately 20 percent of which is shipped to points outside the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED . International Molders & Foundry Workers Union of North America is a labor organization affiliated with -the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 23, 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the'unit hereinafter found to be 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 We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company, excluding salesmen, clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees,- or effectively recommend such action, constitute 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 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. 1 The Regional Director reported that the Union presented 37 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of August 30, 1943. There are 46 persons in the appropriate unit. 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Glascock Stove & Manufacturing Company, Greensboro, North Carolina, 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 Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appro- priate 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 such 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 them- selves in person at the polls, but 'excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Molders & Foundry Workers Union of North America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.