Lennox Furnace Co.

In the Matter of LENNOX FURNACE COMPANY and LIMA MACHINISTS AND TOOL WORKERS INDEPENDENT ASSOCIATION OF LIMA, OHIO Case No. 8-11 1725.Decided February 13, 1945 Mr. Harry R. Meredith, of Lima, Ohio, for the Company. Messrs. Fred &imith and Benjamin S. Motter, of Lima, Ohio, for the Association. Messrs. Howard ,Seren and Frank Kikly, 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 Lima, Machinists and Tool Workers Independent Association of Lima, Ohio, herein called the Associa- tion, alleging that a question-affecting commerce had arisen concern- ing the representation of employees of Lennox Furnace Company, Lima, Ohio, herein called the Company; the National Laboi Relations Board provided for an appropriate hearing upon due notice before John W. Irving, Trial Examiner. Said hearing was held at Lima, Ohio, on January 2'4, 1945. At' the commencement of the hearing, the Trial Examiner granted a motion of International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 124, CIO, herein called the UAW-CIO, to intervene. The Com- pany, the Association, and the UAW-CIO appeared, participated,, and were afforded full opportunity to be heard, to examine and cross-exam- ine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made atthe hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record of the case the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Lannox Furnace Company is an Ohio corporation with its principal office at Marshalltown, Iowa. We are here concerned with its plant- 60 N. L. R. B., No. 100. 580 LENNOX FURNACE COMPANY 581 No. 1 and plant No. 2 at Lima, Ohio, known as the Machine and Tool Division, where it is engaged in the manufacture of tools, jigs, fixtures, dies, plastic molds , and special machinery and precision production parts. During the 6-month period preceding the date of the hearing, the Company purchased raw materials for use at its Lima plants valued in excess of $125;000, approximately 90 percent of which-.was shipped to it from points outside the State of Ohio. During the same period the Company manufactured products at its Lima plants valued in excess of $1,250,000, approximately 85 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. II. THE ORGANIZATIONS INVOLVED Lima Machinists and Tool Workers Independent Association of Lima, Ohio, is an unaffiliated labor organization, admitting to member- ship employees of the Company. International Union, United Automobile, -Aircraft & Agricultural Implement Workers of America, Local 124, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 27, 1944, the Association requested the Company to recognize it as the exclusive collective bargaining represelitative of the employees at the Lima plants. The Company refused this request until such time as the Association is certified by the Board. On February 4, 1943, the Company and the UAW-CIO entered into an exclusive collective bargaining contract covering the employees involved herein. The contract provides that it shall remain in effect' until February 4, 1944, and thereafter, subject to 30 days notice of a desire to terminate by either party thereto. Inasmuch as the contract at the present time is subject to termination by 30 days' notice of either party thereto, we find that it does not constitute a bar to a determina- tion of representatives at this time. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Association represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.' 1 The Pield Examiner reported that the Association presented 243 membership applica- tion cards bearing the names of persons who appear on the Company 's pay roll of Decem- ber 8, 1944 . There are approximately 467 employees in the appropriate unit . The UAW- CIO did not present any evidence of representation, but relies upon its contract as evidence of its interest in the instant proceeding. 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD _ 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 The Association urges that - all production and maintenance em- ployees at the-Lima plants of the Company, including watchmen, but excluding office and clerical employees, foremen, and supervisory em- ployees, constitute an appropriate unit. The only controversy-with respect to the unit concerns group leaders. The Company and the Association urge that they be included in the unit, and the UAW-CIO Ghat they be excluded. The Company employs four group leaders who spend from. 50 to 90 percent of their time in production work. The group leaders are paid on an hourly rate and appear on the seniority lists, while the fore- men are paid on a salary rate. The group leaders do not attend foremen's meetings and the record indicates that they do not have any authority to recommend effectively changes in the status of other employees. Under the circumstances, we -shall include the group leaders in the unit. We find that all production and maintenance employees at the Lima plants of the Company, including watchmen and group leaders, but excluding office and clerical employees, foremen, and any other super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a single 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. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the Nationaa 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 3, as amended, it is hereby LENNOX FURNACE COMPANY 583 DIRECTED that; as part of the investigation to ascertain representa- tives, for the purposes of collective bargaining with Lennox Furnace Company, 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, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and includ- ing 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 discharged for cause and have not been rehired or rein- stated prior to the date of the election, to determine whether they desire to be represented by Lima Machinists and Tool Workers Inde- pendent Association of Lima, Ohio, or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 124, affiliated with the Congress of Industrial Organizations, for the purpose's of collective bargaining, or by neither.