Lynch Manufacturing Corp.

In the Matter of LYNCH MANUFACTURING CORPORATION and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO Case No. 8-R-1782.-Decided June 7,1945 Bugbee and Johnson, by Mr. Harry S. Bugbee, of Toledo, Ohio, and Messrs. M. H. Pendergast and J. P. McCarthy, of Defiance, Ohio, for the Company. Mr. Harold Kolbe, of Toledo, Ohio, for the Union. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Lynch Manufacturing Cor- poration, Defiance, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George F. Hayes, Trial Examiner. Said hearing was held at Defiance, Ohio, on April 30, 1945. 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 evidence 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 II. THE BUSINESS OF THE COMPANY Lynch Manufacturing Corporation is engaged in the manufacture of 62 N. L. R. B., No. 31. 190 LYNCH MANUFACTURING CORPORATION 191 service station equipment and automatic machinery at Defiance, Ohio. During the past 6 months, the Company purchased materials, valued at more than $200,000, from points outside the State of Ohio. During the same period, the Company manufactured and shipped finished products, valued in excess of $1.000.000, to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company 111. THE QUESTION CONCERNING REPRESENTATION On January 29, 1945, the Union notified, the Company by letter that it i epresented a majority of its employees and requested exclusive recognition as their bargaining representative. No reply to this request was made by the Company. On March 17, 1945, the Union filed its petition in this pro- ceeding. 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV TIIE APPROPRIATE UNIT In accordance with the agreement of the parties , we find that all produc- tion and maintenance employees of the Company . including firemen, but excluding clerical employees? and all supervisory employees with authority i The Field Examiner reported that the Union submitted 73 application cards, that the names of 63 persons appearing on the cards were listed on the Company 's pay roll of April 9 , 1945, which con- tained the names of 118 emplo % ees in the alleged appropriate unit; and that 2 of the cards were dated January 1945, 35 February 1945, 1 March 1945 , and 35 were undated The Company attacks the Union's showing of interest , contending -( I) the application cards should be rechecked against a list of the employees at the plant on April 30, 1945, and the Union should be required to submit cards received subsequent to those checked against the April 9 , 1945 , pay roll and prior to April 30, 1945; (2) the signatures on the cards should be checked against sample signatures obtained from the endorsement of pay chicks , and (3 ) all undated application cards should be discounted by the Board . Since these cards were checked against a pay roll of recent date, we find no merit in the first contention . Nor do we believe that the Company 's second contention has merit, for an adequate safeguard is provided on the basis of a pay -roll check in which signatures on appli- cation cards are not compared with the actual signatures of employees , but with their names See Matter of Budd Wheel Company, 52 N. L R B 666 Furthermore , where , as bete, a pat toll check reveals a substantial showing, the fact that some cards ate undated is of no significance 2 The parties are in agreement , and we conclude , that the timekeeper should be excluded ai a clerical worker 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 employees in the appropriate unit who were employed during the pay-roll period imme- diately 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 representatives for the purposes of collective bargaining with Lynch Manufacturing Corpo- ration, Defiance, Ohio, an election by secret ballot shall be conducted as, early as possible, but not later than thirty (30) clays 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 during the pay-roll period imme- diately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vaca- tion 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 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 & Agricultural Implement Workers of America, CIO, for the purposes of collective bargaining.