The Hanson Clutch and Machinery Co.

In the Matter of THE HANSON CLUTCH AND MACHINERY COMPANY, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER In the Matter of THE HANSON CLUTCH AND MACHINERY COMPANY, EMPLOYER and AMERICAN FEDERATION OF LABOR, PETITIONER Cases Nos. 8-R-2238 and 8-R-2245, respectively.Decided August 30,1946 Messrs. Paul Flynn and Fred A. Smith, of Toledo, Ohio, for the Employer. Mr. Howard F. Tausch, of Cleveland, Ohio, for the I. A. M. Mr. Fred Whiteman, of Toledo, Ohio, for the A. F. L. Mr. Martin T. Camacho, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed in these cases the National Labor Relations Board consolidated the cases, and hearing thereon was held at Tiffin, Ohio, on July 19, 1946, before Thomas E. Shroyer, Trial Examiner. The' Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Hanson Clutch and Machinery Company is an Ohio corpora- tion having its place of business at Tiffin, Ohio, where it is engaged in the manufacture of excavators, machinery trailers and friction clutches. During the past 6 months it purchased raw material valued at more than $50,000, of ,which approximately 50 percent came from outside the State of Ohio. For the same period it manufactured 70 N. L. R. B., No. 78. 1021 1022 DECISIONS OF NATIONAL LABOR RELATIONS BOARD products valued in excess of $100,000, approximately 50 percent of which is ultimately shipped to points outside the State of Ohio. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, herein called the I. A. M., is a labor organization claiming to represent employees of the Employer. American Federation of Labor, herein called the AFL, is a labor organization claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize either the IAM or the AFL as the exclusive bargaining representative of employees of the Employer until certification has been made by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, 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 the agreement of the parties, that all production and maintenance employees 1 of the Employer in its three Tiffin, Ohio, plants but excluding office clerical employees and all supervisory employees with 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Hanson Clutch and Machinery Company, Tiffin, 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 National Labor Relations Board I From the evidence adduced at the hearing it appears that the Employer' s two guards and the employees designated in the record as "key men" fall within the classification of production and maintenance employees. THE HANSON CLUTCH AND MACHINERY COMPANY 1023 Rules and Regulations-Series 3, as amended, 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 during said pay-roll period because they were ill or on vacation or temporarily laid o'f, 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 elec- tion, to determine whether they desire to be represented by the Inter- national Association of Machinists or by the American Federation of Labor, for the purposes of collective bargaining, or by neither. DIR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election.