The Globe Steel Abrasive Co.

In the Matter of TIIE GLOBE STEEL ABRASIVE COMPANY, EMPLOYER and THE INDEPENDENT SHOT WORKERS UNION , PETITIONER Case No. 8-R-3503.-Decided April 10, 1947 Messrs. J. H. Gongwer and P. McConnell, of Mansfield, Ohio, for the Employer. Mr. Daniel E. Bevis, of Columbus, Ohio, for the Petitioner. Mr. William F. Bell, of Mansfield , Ohio, for the Intervenor. Mr. David C . Buchalter, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Mans- field, Ohio, on February 26, 1947, before Richard C. Swander, hearing officer. At the hearing the Intervenor moved to dismiss the petition. The hearing officer referred this motion to the Board for ruling thereon. For reasons stated below, the motion is hereby denied. The hearing officer '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 TIIE EMPLOYER The Globe Steel Abrasive Corporation, an Ohio corporation, is en- gaged in the manufacture of metal abrasives at its Mansfield, Ohio, plant. During the preceding fiscal year, the Employer purchased for use at this plant raw materials valued in excess of $4,000,000, of which approximately 50 percent represented shipments to it from points out- side the State of Ohio. During the same period, the Employer manu- factured finished products valued in excess of $1,000,000, of which ap- proximately 90 percent represented shipments to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act- 73,N.- L. R. B , No 58 317 318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Petitioner is an unaffiliated labor organization, claiming to rep- resent employees of the Employer. The United Steelworkers of America, Local No. 190, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified 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 agreement with the parties, that all production and maintenance employees of the Employer at its Mansfield, Ohio, plant, excluding office and clerical employees, watchmen, 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 3 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The Globe Steel Abrasive Company, Mansfield, 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 i At the hearing the Intervenor moved to dismiss the petition on the ground that the Pe- titionei is not a labor organization within the meaning of the Act We find no mei it in the Intervenor's motion The record discloses that the Petitioner has elected ofhceis and adopted a constitution and that it was organized foi the purpose of negotiating with the Em plover in behalf of its members with respect to wages and working conditions Under these circumstances, we find that the Petitioner is a labor organization within the mean- ing of Section 2 (5) of the Act Matter of Seneca Falls Machine Company, 71 N L R B. 1108 Matter of The Pilliod Cabinet Company, 65 N T, It B 668; Matter of Gielow, In- corporated, 60 N L R B 1477 2 This is the same unit as the one for which the Intervenor has been the bargaining rep- resentative since 1942 The most recent contract between the Employem and the Intervenor covering this u$it was dated Pebruaty 15, 1945, and was for a 2-year period. The contract was not urged as a bar to this proceeding J Any participant in the election herein may, upon its prompt request to, and approval thereof by, the Regional Director, have its name removed from the ballot. THE GLOBE STEEL ABRASIVE COMPANY 319 Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 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 before the date of the election, to determine whether they desire to be represented by The Independent Shot Workers Union or by The United Steelworkers of America, Local No. 190 (CIO), for the purposes of collective bargain- nng, or by neither. Mn. Jo>-iN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election. 739926-47-vo1 73-22