The Tool Die Engineering Co.

In the Matter of THE TOOL DIE ENGINEERING COMPANY, CASTING DIVISION, EMPLOYER and UNITED STEELWORKERS OF AMERICA, C. I. 0., PETITIONER . Case No. 8-R-2530.-Decided April 10, 1947 Mr. Charles G. Seifert, of Cleveland, Ohio, for the Employer. Mr. Joseph J. Kanecki, of Cleveland, Ohio, for the Petitioner. Mr. A. J. Kastelic, of Cleveland, Ohio, for the Intervenor. Mr. Edmund J. Flynn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleveland, Ohio, on March 5, 1947, before Louis S. Belkin, hearing officer. 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 THE EMPLOYER The Tool Die Engineering Company, Casting Division, is an Ohio corporation engaged in the manufacture of zinc and aluminum castings in Cleveland, Ohio. Since October 1946, the value of raw materials used by the Employer has exceeded $15,000, of which approximately 50 percent was shipped from points outside the State of Ohio. During the same period, the value of products manufactured by the Employer has exceeded '$50,000 of which approximately 50 percent has been shipped 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. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 73NLRB,No63. 337 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Union of Mine, Mill & Smelter Workers, herein called the Intervenor, is a labor organization affiliated with' the Con- gress of Industrial Organizations, claiming to represent employees of the Employer. M. 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 In accordance with a stipulation of the parties, we find that all production and maintenance employees of the Employer's Cleveland, Ohio, plant, excluding office and clerical employees and all super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively 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 1 As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Tool Die Engineering Company, Casting Division, Cleveland, 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 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 prior to the date of the election, to determine whether they desire to be represented by United Steel- I Any participant in the eletion herein directed may, upon its prompt request to and approval thereof by the Regional Director , have its name removed from the ballot THE TOOL DIE ENGINEERING COMPANY 339 workers of America, C. I. 0., or by International Union of Mine, Mill & Smelter Workers, C. I. 0., for the purposes of collective bargaining, or by neither. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election.