Tokheim Oil Tank & Pump Co.

In the Matter of TOKHEIM OIL TANK & PUMP Co. and UNITED ELECTRICAL RADIO & MACHINE WORKERS OF AMERICA, LOCAL 903- TOKHEIM UNIT, AFFILIATED WITH THE C. I. O. Case No. R-1811-Decided May 15, 1940 Gasoline Disposing Pumps, Handling Equipment , and Service Station Acces- sortes Manufacturing Industry-Investigation of Representatives: controversy concerning representation of employees : refusal by employer to recognize either of two labor organizations-Unit Appropriate for Collectwe Bargaining: all production and maintenance employees and those directly associated with pro- duction, including watchmen, employees in the Company's parts-service depart- ment, stockroom , shipping and receiving department, and tool crib, and all truckers , but excluding supervisory and clerical employees ; stipulation as to- Election Ordered Mr. Robert D. Malarney, for the Board. Niezer and Niezer, by Mr. L. F. Niezer, of Fort Wayne, Ind., for the Company. Mr. James Pascoe and Mr. Arthur W. Meloan, of Fort Wayne, Ind., for the United. Mr. James P. Murphy, of Fort Wayne, Ind., for the Association. Mr. Willard Young Morris, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 22, 1939, United Electrical Radio & Machine Work- ers of America, Local 903-Tokheim Unit, herein called the United, filed with the Regional Director for the Eleventh Region ( Indian- apolis, Indiana) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of Tokheim Oil Tank and Pump Company, Fort Wayne, Indiana, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 26, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, 23 N. L. R. B, No. 84. 798 TOKHEIM OIL TANK & PUMP COMPANY 799 Section 3, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropri- ate hearing upon due notice. On April 19, 1940, the Regional Director issued a notice of hearing, copies of which were served upon the Company, the United, and Tokheim Employees Association; Inc., herein called the Association, a labor organization claiming to represent employees affected by the investigation. Pursuant to notice a hearing was held at Fort Wayne, Indiana, on April 25, 1940, before Herbert Wenzel, the Trial Ex- aminer duly designated by the Board. The Company, the United, and the Association were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. During the course of the hearing the United moved that the Association not be accorded a place on the ballot in the event that the Board directed an election, on the ground that the Association was organized after the United had filed its petition herein. The Trial Examiner did not rule on this motion. It is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. TIIE BUSINESS OF THE COMPANY Tokheim Oil Tank and Pump Company is an Indiana corporation with its principal office and place of business in Fort Wayne, Indiana. The Company is engaged in the manufacture, sale, and distribution of gasoline disposing pumps, lubricating and kerosene oil, handling equipment, and service-station accessories. The principal raw mate- rials used in the Company's manufacturing operations are castings, die castings, sheet materials, rubber, felt, and glass. In 1939 the Company purchased raw materials valued at approximately $1,600,- 000, of which 60 per cent, in terms of tonnage, were obtained from sources outside the State of Indiana. During the same year the value of the Company's output amounted to approximately $3,- 850,000, of which 90 per cent represent shipments to points outside the State of Indiana. 800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED United Electrical Radio & Machine Workers of America, Local 903-Tokheim Unit, is a labor organization affiliated with the Con- gress of Industrial Organizations. It admits to membership em- ployees of the Company. Tokheim Employees Association, Inc., is an unaffiliated labor organization. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Both the United and the Association claim to represent a ma- jority of the Company's production and maintenance employees. Each of said labor organizations has been refused recognition by the Company as exclusive bargaining representative of such em- ployees. The Company stipulated at the hearing that it will recog- nize whichever labor organization is certified by the Board. We find that a question has arisen concerning representation of employees of the Company. 1V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relationship to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and free flow of commerce. V. THE APPROPRIATE UNIT All the parties stipulated that an appropriate unit consists of all the Company's production and maintenance employees, and those directly associated with production, including watchmen, employees in the Company's parts-service department, stockroom, shipping and receiving department, and tool crib, and all truckers, but ex- cluding supervisory and clerical employees. We see no reason for not finding appropriate the unit stipulated by the parties. We find that all the Company's production and maintenance em- ployees, and those directly associated with production, including watchmen, employees in the Company's parts-service department, stockroom, shipping and receiving department, and tool crib, and all truckers, but excluding supervisory and clerical employees, consti- tute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to such employees the full benefit TOKHEIM OIL TANK & PUMP COMPANY 801 of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VI. DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot will best resolve the ques- tion concerning representation.' The parties stipulated at the hear- ing that a "payroll of current date" be used to determine eligibility to vote, in the event that the Board directed the holding of an election. We shall direct that the employees in the appropriate unit during the pay-roll period immediately preceding the date of the Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, and excluding those who have since quit or been discharged for cause, shall be eligible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Tokheim Oil Tank and Pump Company, Fort Wayne, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the Company's production and maintenance employees, and those directly associated with production, including watchmen, em- ployees in the Company's parts-service department, stockroom, ship- ping and receiving department, and tool crib, and all truckers, but excluding supervisory and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- i A "Statement of Regional Director Concerning Claims of Authorization for the Purpose of Representation ," dated April 24, 1939, and made in connection with his investigation of the petition in this proceeding, was introduced in evidence and made part of the record. This statement sets forth that of the signatures on the 126 membership -application and bargaining-authorization cards submitted by the United in support of its claim , 124 signa- tures appear on the Company 's pay roll of current date Concerning the claim of the Association, the statement sets forth that all the signatures on the 139 membership- application cards submitted by that labor organization appear on the Company 's pay roll of current date. 802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions Act, 49 Stat. 449, 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 ordered by the Board to, ascertain representatives for the purpose of collective bargaining with Tokheim Oil Tank and Pump Company, Fort Wayne, Indiana, an election by secret ballot shall be conducted as soon as possible .but not later than thirty (30) days from date of this Direction under the direction and supervision of the Regional Director for the Elev- enth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the Company's production and mainte- nance employees and those directly associated with production who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including watchmen, employees in the Company's parts-service department, stockroom, shipping and receiving department, and tool crib, and all truckers, and including all such employees who did not work during said pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding supervisory and clerical employees and employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented for the purposes of collective bargaining by United Electrical Radio & Machine Workers of America, Local 903-Tokheim Unit, affiliated with the Congress of Industrial Organizations, by Tokheim Employees Association, Inc., or by neither.