Indiana Gear Works

In the Matter of Louis C., BUEHLER AND JOHN L. BUEHLER D/B/A INDIANA GEAR WORKS and INTERNATIONAL ASSOCIATION OF MACHIN- ISTS, DISTRICT 90, A. F. L. Case No. 9-R-1548.-Decided November 3, 1944 Mr. Howard S. Young, of Indianapolis, Ind., for the Company. Mr. D. J.^ Omer, of Cincinnati, Ohio, and Mr. David M. Nelson, of Indianapolis, Ind., for the Union. Mr. Herbert C. Kane, 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, District 90, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Indiana Gear Works, Indianapolis, Indiana,, herein called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before Benjamin E. Cook, Trial Examiner . Said hearing was held at Indianapolis, Indiana, on October 3 , 1944. The Company and the Union appeared and participated. All parties 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. All parties were afforded an 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 Louis C. Buehler and John L. Buehler, partners doing business under the firm name of Indiana Gear Works, have their only place of business in Indianapolis, Indiana.. They manufacture gears, cams, 59 N. L R B., No. 15. 48 INDIANA GEAR WORKS 49 machine and aircraft engine parts. During 1943 the Company caused to be shipped into the State of Indiana raw materials valued in excess of $100,000. During the same period, the Company shipped finished products valued in excess of $100,000 outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Association of Machinists, District 90, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCEI?NING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent. 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 We find, in substantial accord with the agreement of the parties, that all production and maintenance employees of the Company, including inspectors, janitors, and the plant clerk, but excluding office clerical, plant protection, and engineering department employees, truck drivers, the chief inspector, foremen, working foremen; subforemen, and all other supervisory employees 1vit.h 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll I The Field Examiner reported that the Union submitted 88 authorization cards. that there were approximately 150 employees in the unit petitioned for. and that the cards were all dated July 1944 .50 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 3, as amended , it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective ' bargaining with Indiana Gear Works, Indianapolis, Indiana, 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 Ninth 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, 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 dur- ing the 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 those employees 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 Association of Machinists , District 90, A. F . L., for the purposes of collective bargaining.