Towmotor Corp.

In the Matter of TOW3IOTOR CORPORATION 'and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT' WORKERS OF AMERICA, C. I. O. Case No. 8-R-1552.-Decided July 5,1944 Messrs. John H. Walker, H. L. Gaddis , D. M. O'Brien, and C. H. Hubbard, of Cleveland , Ohio, for the. Company. Mr. Steve Sabo, of Cleveland , Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND -DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees bf Towmotor Corporation, Cleveland, Ohio, herein called the Company, the National Labor Relations Board provided for an-appropriate hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Cleveland, Ohio, on' June 16, 1944. The Company and the Union appeared, participated, and were afforded hill opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Exam- iner's rulings made at the hearilig are free from prejudicial error 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 I. THE BUSINESS OF THE COMPANY Towmotor Corporation is an Ohio corporation operating'a -plant at Cleveland, Ohio, where it is engaged in the manufacture of industrial lift trucks. During 1943 the Company purchased raw materials valued in excess of $7,000,000 more than 50 percent of which was 57 N. L B. B., No. 14 78 TOWMOTOR CORPORATION 79 shipped to it from points outside the State of Ohio. During the same period the Company manufactured products valued in excess of $12,- 000,000, more than 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. IT. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, is a labor, organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or, about May 20, 1944, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of, the Board, introduced into evidence at the hearing, indicates,that the Union represents a sub- stantial 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 accordance with a stipulation of the parties, that all production and maintenance employees of the Company, excluding office and factory clerical employees, plant guards, timekeepers, con- fidential salaried employees, and all supervisory employees with au- thority 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 find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Company objects to the holding of an election at this time on the, 1 The Field Examiner reported that the Union presented 117 membership cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of May 28, 1944 . There are approximately 324 employees in the appropriate unit 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ground that charges of unfair labor practices filed by the Union are pending. Inasmuch' as the Union ha`s filed 'a waiver of any right to contest the results of any election that might be directed in the present case, on any-ground set forth in its charges, we find the position of the Company to be untenable. We shall direct that the, employees eligible to,vote,shall, be those in the appropriate unit who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and ad- ditions set forth in the Direction. There is some controversy with respect to the eligibility of Frank Schoen and John'Gorden to vote in the election. The Union contends that they are supervisory employees and, therefore, should be deemed ineligible. The record indicates that neither of them has any author- ity to effect,, or effectively recommend, changes in the status of any employees. Accordingly, we find that they are eligible to vote in the election. 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 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with the Towmotor Corporation , Cleveland , 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, Sections 10 and 11, of said Rules and Regulations , anion', g, the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preced- nig 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 cf the United States who present themselves 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 Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America, affiliated with, the Congress of Industrial Organizations, for the purposes of collective bargaining.