Kentucky Central Life and Accident Insurance Co.

In the Matter of KENTUCKY CENTRAL LIFE AND ACCIDENT INSURANCE COMPANY, EMPLOYER and INDUSTRIAL AND ORDINARY INSURANCE AGENTS UNION LOCAL No. 23390 (AFL) AND INDUSTRIAL AND ORDI- NARY INSURANCE AGENTS COUNCIL (AFL), PETITIONER Case No. 8-R-24154.-Decided February 12, 1947 Messrs. Frost c6 Jacobs , by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio, and Mr. W. H. Bridwell, of Bexley , Ohio, for the Employer. Mr. George L. Russ , of Washington, D. C., for the Petitioner. Mr. Abraham Frank, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleve- land, Ohio, on December 27, 1946, before John A. Hull, Jr., 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 1. THE BUSINESS OF THE EMPLOYER Kentucky Central Life and Accident Insurance Company is a, Kentucky corporation, maintaining a home office and principal place of business at Anchorage, Kentucky. It is engaged in the business of issuing ordinary and industrial life insurance and accident insur- ance policies. Its activities extend to six States,' but all applications for insurance and all insurance policies written for and on behalf of the Employer are acted upon at the home office. On December 31, 1944, the Employer had 281,478 policies in force in the various States amounting to $47,902,586. Operations of the Employer in 1946 have been substantially the same as during 1944. We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act. ' Kentucky, Ohio, Pennsylvania , west Virginia, Indiana , Delaware 72 N. L. R. B, No. 104 548 KENTUCKY CENTRAL LIFE AND ACCIDENT INSURANCE COMPANY 549 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, 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 accord with the agreement of the parties, that all in- dustrial and ordinary insurance agents working under the supervision of district offices located within the State of Ohio, but excluding cashiers, and all other office and clerical employees, executives, super- visors of agents, district managers, field superintendents, and all or any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate 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, subject to the limitations and additions set forth in the Direction. The Employer requests that the election be conducted by mail. The Petitioner prefers a manual ballot at the district offices where agents report daily. Inasmuch as the Regional Director is authorized to con- duct elections in such manner as he deems advisable and expedient under the circumstances presented, we shall leave the determination of the method to be employed in the conduct of the instant election to the Regional Director's discretion 2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Kentucky Central Life and Accident Insurance Company, Anchorage, Kentucky, an election by 2 See Matter of Young Patrol Service, 69 N L. R. B 1376 550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and in- eluding employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by Industrial and Ordinary Insurance Agents Union Local No. 23390 (AFL), and Industrial and Ordinary Insurance Agents Council (AFL), for the purposes of collective bargaining.