The American Products Co.

In the Matter of THE AMERICAN PRODUCTS COMPANY and UNITED CON- STRUCTION WORKERS, U . M. W. A. Case No. 9-R-1735.-Decided June 12, 1945 Mr. C. J. Petzhold, of Cincinnati, Ohio, for the Company. Messrs. George E. Rice and Howard Amthauer, of Cincinnati, Ohio, for the Union. Mr Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petion duly filed by United Construction Workers. U. M. W. A., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The American Products Company, Cincinnati, Ohio, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Herbert J. Nester, Trial Examiner. Said hearing was held at Cincinnati, Ohio, on May 1, 1945. The Company and the Union appeared at and participated in the hearing.' All parties were afforded full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues. The Trial Exam- iner's rulings made at the 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 in the case, the Board makes the following : FINDINGS OF FACT - 1. THE BUSINESS OF THE COMPANY The American Products Company is a Delaware corporation engaged 1 Although Congress of Industrial Organizations was served with Notice of Hearing, it did not appear. 62 N.L.R B., No 51 351 352 DECISIONS OF NATIONAL.LABOR RELATIONS BOARD in the manufacture of foods, extracts, drugs, and chemicals at Cincinnati, Ohio The Company annually purchases raw materials valued in excess of $1,000,000, 75 percent of which is shipped to it from points outside the State of Ohio. During the same period the Company sells products valued in excess of $2,000,000, over 75 percent of which is shipped to points out- side the State of Ohio. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Construction Workers, U. M. W. A., is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 29, 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 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 1V. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees at the three Cincinnati, Ohio, plants of the Company, including printing depart- ment employees, truck drivers, warehouse employees, general floormen, gang leaders,' and watchmen and janitors, but excluding office clerical employees, timekeepers, laboratory employees, mailing and advertising department employees, part-time employees, control clerks, and supervisory employees, constitute an appropriate unit. The only controversy with respect to the unit concerns the watchmen and janitors and part-time em- ployees. The Company would exclude the former from the unit and include the latter in the unit. The Company employs five persons classified as watchmen and janitors. Thev are neither uniformed, armed, militarized, nor deputized. Their chief duties consist of firing boilers and patrolling the premises of the Company. It appears that they spend a greater portion of their time performing main- 2 The Field Examines reported that the Union piesented 247 mensberslup application ccuds Thesc ai e approximately 430 employees in the appropriate unit 3 The record indicates that neither the genes al footmen nor the gang leaders as e Super visor y employees within the meaning of the Board' s definition of that term. TFIE , AMERICAN PRODUCTS COMPANY 353 tenance work. We shall include the watchmen and janitors in the unit. The Company employs About 40 part-time employees who work 8 hours each Sunday cleaning the production machinery. The record indicates that they have full-time employment elsewhere. The regular employees do not work on Sundays. The type of work performed by the part-time employees is different from that performed by the regular employees, and it appears that the 2 groups have few interest in common. The Union has not sought to organize the part-time employees. Inasmuch as part-time employees work only 1 day per week under conditions dissimilar to,those of the reg- ular employees and have not been organized, we shall exclude the part- time employees from the unit. We find that all production and maintenance employees at the three plants of the Company at Cincinnati, Ohio, including printing department employees, watchmen and janitors, truck drivers, warehouse employees, general floormen, and gang leaders, but excluding office clerical employees, timekeepers, laboratory employees, mailing and advertising department employees, part-time employees, control clerks, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively 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 em- ployees 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 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 The American Prod- ucts Company, Cincinnati, 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 Re- gional 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 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pay-roll period immediately preceding 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 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 United Con- struction Workers, U. M. W. A., for the purposes of collective bargaining