The McKinney Tool & Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1050 (N.L.R.B. 1943)

In the Matter of THE MCKINNEY TOOL & MANUFACTURING COMPANY
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, (UAW-CIO)
Case No. R-5626.-Decided August 4,19-113
- Stanley c Smoyer, by Mr. Eugene B. Schwartz, of Cleveland, Ohio,
and Mr. E. W. McKinney, of Cleveland, Ohio, for the Company.
Messrs. Maurice Sugar and N. L. Smokier, by Mr. N. L. Smokier,
of Detroit, Mich., and Mr. Reuben Peters, of Cleveland, Ohio, for the
UAW-CIO.
Mr. William R. Cameron, of counsel to to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
mobile, Aircraft & Agricultural Implement Workers of America,
(UAW-CIO), herein called the UAW-CIO, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The McKinney Tool & Manufacturing Company, Cleve-
land, Ohio, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Claude H. Eads, Trial Examiner. Said hearing was held at Cleve-
'land, Ohio, on June 26 and July 3, 1943.
The Company and the UAW-CIO 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 were free from prejudi-
cial error and are hereby affirmed. All parties were afforded oppor-
tunity- to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
A I. THE BUSINESS OF THE COMPANY
The McKinney Tool & Manufacturing Company, an Ohio corpora-
tion, has its principal office and place of business in the city of Cleve-
51 N. L. R. B, No. 167.
1050 -
THE McKINNEY TOOL & MANUFACTURING COMPANY 1051
land, Ohio. It is engaged in the designing and manufacturing of
special manufacturing tools. During the year 1942 the Company used
raw materials, consisting principally of steel and iron, amounting in
value to more than $75,000, of which 10 percent was obtained from
points outside the State of Ohio. During the same period its finished
products amounted in value to more than $500,000, of which approxi-
mately 15 percent was shipped to points outside the State of Ohio.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile , Aircraft & Agricultural
Implement Workers of America, (UAW-CIO), is a labor organiza-
tion affiliated with the Congress of Industrial Organizations , admit-
ting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On June 7, 1943, the UAW-CIO informed the Company's attorney
that it claimed to represent 50 percent of the Company's employees.
The Company, by its attorney, referred the UAW-CIO to the Board.
The UAW-CIO on June 12, 1943, filed its petition herein, and on June
15, 1943, by letter addressed to the Company's president, requested
recognition as the exclusive bargaining agent for certain of the Com-
pany's employees. The Company did not reply to this letter, inas-
much as the UAW-CIO had already filed its petition.
A statement of the Field Examiner introduced into evidence at the
hearing indicates that the UAW-CIO represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
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
The Company and the UAW-CIO agree that all hourly and sal-
aried production and maintenance employees of the Company, in-
cluding employees in the toolroom and truck drivers, but excluding
foremen, assistant foremen, office and factory-clerical employees, and
guards, constitute an appropriate unit. The Company seeks to in-
clude, and the UAW-CIO to exclude, tool designers, who constitute
3 The Field Examiner reported that the UAW -CIO had submitted 128 authorization cards,
of which 119 appeared to bear the genuine original signatures of persons whose names are
on the Company's pay roll of June 15 , 1943, containing the names of 229 persons within the
unit claimed to be appropriate . Of the cards corresponding to the names on the pay roll,
61 were dated in May 1943, 23 in June, and 35 were undated.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'vhat is known as the engineering department. The record discloses
that the tool designers are draftsmen who work in two rooms, or
areas, which are separated from the factory and are in close proxim-
ity to the Company's main office. They do not come in contact with
the factory employees. They are engaged in, planning, designing,
and drafting special manufacturing tools. Special training is re-
quired for the work of the tool designers and they receive a higher
rate of pay than the tool makers. The tool designers are considered
to be "white-collar" workers by the factory employees. The UAW-
CIO does not admit them to membership, and no other labor organi-
zation is here seeking to represent "them. ' It is apparent that they
constitute a separate and distinct group, whose interests are different
from those of the production and maintenance employees. We-shall
exclude them from the unit.
We find that all hourly and salaried production and maintenance
employees of the Company, including employees in the toolroom and
truck drivers, but excluding employees in the engineering depart-
ment, office and factory-clerical employees, guards, foremen, assistant
foremen, and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate 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 among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. ' LL
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 9, of National La-
bor 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 The McKinney
Tool & Manufacturing Company, Cleveland, 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,
THE McKINNEY TOOL & MANUFACTURING COMPANY 1053
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 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 present 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 Union, United Automobile, Aircraft & Agricultural
Implement Workers of America (UAW-CIO,),for the purposes of
collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.