The Crescent Manufacturing Co.

In the Matter of THE CRESCENT MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL- TURAL IMPLEMENT WORKERS, LOCAL 959,'C I 0 Case No R-3977 -Decided July 15,1942 Jurisdiction : surgical instrument and razor blade manufacturing industry Investigation and Certification of Representatives : existence of question fail- ure of Company to agree to a consent election, electron necessary Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding supervisory employees, stipulation as tn' - Mr Harry S Bugbee, of Toledo, Ohio, for the Company. Mr Edward Lamb, by Mr Lowell Goerlich, of Toledo, Ohio, and Mr Louis Didisse and Mr Robert L Lorton, of Toledo, Ohio, and Mr Harold Kolbe, of Fremont, Ohio, for the Union Mr Stanley D Metzger, of counsel to the Board. DECISION AND DIRECTION- OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automo- bile, Aircraft & Agricultural Implement Woikers, Local 959, C I 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Crescent Manufacturing Company, Fremont, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate heaiing upon due notice -before J J Fitzpatrick, Trial Examiner. Said hearing was held at Fremont, Ohio, on June 23, 1942 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 Exami- ner's rulings made at the healing are Tice from prejudicial errors and are hereby affirmed r Upon the entire record in the case, the Board makes the following FINDINGS OF FACTS I TIIE BUSINESS OF THE COMPANY The Crescent Manufacturing Company is an Ohio corporation with its plant and place of business in Fremont, Ohio, where it is engaged ' The Trial Examiner reserved ruling on the Company 's motion to dismiss the petition filed herein The motion is hereby denied 42N L R B, No 108 472814--42-vol 42--j4 529 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in manufacturing surgical instruments and razor blades. During 1941, the Company purchased raw materials, consisting of high car- bon steels, valued at $100,000, of which 95 percent were shipped to the Company from places outside the State of Ohio During the same period, the Company sold finished products, valued at $400,000, of which 98 percent `were shipped by the Company to places outside the State of Ohio The Company admits that its business operations affect commerce within the meaning of the Act. II THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers, affiliated with the Congress of Industrial Or- ganizations, is a labor organization admitting to membership em- ployees of the Company III THE QUESTION CONCERNING REPRESENTATION On or about April 15, 1942, a union representative informed the Company's manager that the Union represented a majority of the Company's employees and that it desired to bargain with the Company. The plant manager replied that he desired to discuss the matter with his attorneys and the son of the president of the Company before answering the request Subsequently, about the third week in May 1942, following a joint conference between, representatives of the Union, the Company, and a Field Examiner of the Board, the Com- pany failed to agree to a consent election A statement of the Field Examiner, intioduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit hei einafter found apps opriate 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 National Labor Relations Act IV TIIE APPROPRIATE UNIT In accordance with a stipulation of the parties, we find that all pro- duction and maintenance employees of the Company at its Fremont, Ohio, plant, excluding supervisory employees, constitute a unit ap- 2 The Field Examiner repotted that the Union had submitted to him 43 authorization cards, all of which were dated in 1942, and that all 43 cards contained the apparently genuine signatures of persons hose names appe'.ied on the Compan3's pay ioll for the period May 9 to 16, 1942 7heie ate appiolimatcl3 72 emplo3 ees m the appropu rte mut THE CRESCENT MANUFACTURING COMPANY 531 propriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company desires that a current pay roll be usedto deteimine eligibility to vote; The Union desires that a pay roll dated March 31, 19-12, or about May 19, 1942, should be used to determine eligibility, but advanced no persuasive reason in support of this request In accordance with our usual practice we shall direct that the employees of -the Company eligible to vote in the election shall be those 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 conditions set forth in the Direction 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 Re- lations Act, and pursuant to Article III, Section 8, 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 foi the purposes of collective bargaining with The Ciescent Manufacturing Company, Fremont, 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 Diiector for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Aiticle III, Section 9, of said Rules and Regulations, among the employees in the unit fount appropriate in Section IV above, who were employed at the Company's Fremont, Ohio, plant 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 in the active military service or tiammg of the United States, or tem- porarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union, United Automobile, Air- craft & Argicultuial Implement Workers, Local 959, C I. 0., for the purposes of collective bargaining. MR GER_iRD D RLILLY took no part in the consideration of the above Decision and Direction of Election