A.D. Cook Inc.

In the Matter of A. D. Coox INC. and DISTRICT No. 34, INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. R-4095.-Decided August 17, 1942 Jurisdiction : pump manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all machinists, machine hands, pro- duction workers, and necessary laborers pertaining thereto, employed in Company's machine shop, excluding foremen with authority to recommend hire or discharge, and all other supervisors with authority to hire or dis- charge, moulders, pattern makers, watchmen, and office employees ; stipulation as to Frost cC Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio, for the Company. Mr. J. 'E. Chapman, of Cincinnati, Ohio, for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District No. 34 Internatiolial Association of Machinists, herein called the Union, alleging that a question affect- ing commerce lead arisen concerning the representation of employees of A. D. Cook Inc., Lawrenceburg, Indiana, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Arthur R. Donovan, Trial Ex- aminer. Said hearing was held at Lawrenceburg, Indiana, on July 31, 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 Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 43 N. L. It. B., No. 37. 277 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF. THE C0-,NIPANY A. D. Cook Inc., an Indiana-corporation, is engaged in the manu-` facture of deep well pumps and water well supplies. During 1941, the Company purchased raw materials valued at approximately $490,000, of which approximately 90 percent was shipped to the Com- pany'from points outside the State of Indiana. During the same period, the Company manufactured and sold products valued at approximately $1,000,000, of which approximately 80 percent was shipped to points outside the State of Indiana. II. THE ORGANIZATION INVOLVED District No. 34 International Association of Machinists, affiliated n ith the American Federation of Labor, is a labor organization ad- slitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen in that,the Companyrefused to recognize the Union until the Union had been certified by the Board. A report prepared by the Regional Director and introduced in evi- dence at the hearing indicates that the Union submitted evidence that it represented a substantial number of employees of the Company in -the unit hereinafter found to be appropriate., We find that a question affectiiig conniierce 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. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all machinists, machine hands, production workers, and necessary labor- ers pertaining thereto, who are employed in the Company's machine shop, excluding foremen with the authority to recommend hire or discharge, and all other supervisors with the authority to hire or discharge, moulders, pattern makers, watchmen, and office employees ' The Regional Director reported that the Union presented 84 application cards for membership , all dated between March 1. 1942, and June 1, 1942 Of the 84 cards submit- ted, 75, bear apparently genuine signatures of persons whose names appear on the Com- pany 's pay roll of June 4, 1942 Theie aie approximately 134 employees in the unit. A. D. COOK-INC. 279 (including three employees in the office of the shop), constitute a unit, appropriate for the purposes of collective bargaining within the mean- ing 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 among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of.o r Direction of Election herein, subject 'to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power"iested in the National Labor Relations Board, by Section 9 (c) of the National Labor Rela- tions 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 for the purposes of collective bargaining with A: D: Cook Inc., Lawrenceburg, Indiana, 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 Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and-subject to Article III, Sec- tion 9, 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 employees who did not work during said pay- roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause," to deterniiiie whether or not they desire to be represented by District No. 34,International Association of Machinists for: the purposes of .collective bargaining. CHAIRMAN MILLIS took no pait in the consideration of the above Decision and Direction of Election. " . 0