A..M. Carter

In the Matter of A. M. CARTER, AN INDIVIDUAL and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE 1151 Case No. R-6513.-Decided July 1, 1943 Mr. A. M. Carter, of Galion, Ohio, for the Company. Mr. R. D. Rust, of Mansfield, Ohio, and Mr. C. E. Smith, of Galion, Ohio, for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Association of Machinists, Lodge 1151, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of A. M. Carter, an individual, Galion, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Max W. Johnstone, Trial Examiner. Said hearing was held at Galion, Ohio, on June 11, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prej- udicial 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 I. THE BUSINESS OF THE COMPANY A. M. Carter, an individual, operates a machine shop in Galion, Ohio, and is engaged in, performing machine and assembly work on a contractual basis for the Galion Iron Works & Manufacturing Com- pany, Galion, Ohio, herein called the Iron Works. The raw materials used by the Company are furnished by the Iron Works; at no time 51 N L. R. B, No. 1. 1 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD does the Company take title to any of the machined parts. From September 15, 1942, to May 10, 1943, the Iron Works paid the Com- pany the sum of $21,677.95 for work performed. The Company con- templates similar contractual arrangements with other companies. The Iron Works is an Ohio corporation engaged in the manufacture of road graders and road rollers. One of the principal raw materials used is steel, the purchase of which approximates a cost of $650,000 annually; approximately 75 percent is purchased from points outside the State of Ohio. Of the total production, approximately 65 percent, valued at $6,500,000 annually, is shipped to points outside the State of Ohio. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act.' II. THE ORGANIZATION INVOLVED International Association of Machinists, Lodge 1151, is a labor or- ganization admitting to membership employees of the Company. HI. THE QUESTION CONCERNING REPRESENTATION On or about April 7, 1943, the Union requested recognition as the exclusive representative of the Company's employees. The Company refused the request. The record reveals that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In substantial accordance with an agreement of the parties, we find that all production and maintenance employees of 'the Company em- ployed in the Carter Machine Shop, excluding office and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitute a unit appropriate for the purposes of collective bargaining -within the meaning of Section 9 (b) of the Act. i The Comany contends that it is not within the jurisdiction of the Board We find no Merit in this contention See .]tatter of United State, Cartr idge Conuany, 42 N L R B 191, citing N L R B v Gainblatt, 300 U S 001 sA Field Exannnei of the Board ieported that the Union submitted 18 designations, all, beaiing apii.irently genuine oiigmal signatures, 13 of which weie the names of persons on the Company's pay loll of May 5, 1943. which listed 17 persons in the appropriate unit Of the 13 designations, 12 were dated March and 1 dated April 1943 A. M. CARTER e) V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employ- ees 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 Direc- tion. 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with A. M. Carter, an Individual, Galion, 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, Section 10, of said Rules and Regulations, 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 any such 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 pre- sent themselves in person at the polls, but excluding any who have since quit or been discharged for cause , to determine whether or not they desire to be represented by International Association of Machinists, Lodge 1151, for the purposes of collective bargaining. 540012-44-\ol 5l-2