Arcrods Corporation And Electrode Workers (unaffiliated), 1304 (1942)

In the Matter of ARCRODS CORPORATION and ELECTRODE WORKERS (UNAFFILIATED) Case No. R-4711.-Decided May 12, 19/4 Jurisdiction: arc-welding electrode manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord petitioner recognition until certified by the Board; election necessary.

Unit Appropriate for Collective Bargaining: all hourly rate employees at the Company's Cuyahoga Heights, Ohio, plant, excluding foremen, supervisors, and salaried office clerical enmployees.

Mr. Richard C. Swander, for the Board.

Mr. William E. Brainard, of Cleveland, Ohio, for the Company.

Mr. David Ledermarn, of Cleveland, Ohio for the Electrode Workers.

Mr. WVilliam/ K. Thomas, of Cleveland, Ohio, for the S. W. O. C.

Mr. Reynolds C. Seitz, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION Upon petition duly filed by Electrode Workers, unaffiliated, allegiiig that a question affecting commerce had arisen concerning the representation of employees of Arcrods Corporation, Cuyahoga Heights,

Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earl S. Bellman, Trial Examiner. Said hearing was held at Cleveland, Ohio, on April 7, 1942. The Company, the Electrode Workers, and Local 2299 of the Steel Workers Organizing Committee, herein called the S. W. O. C., 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.

The S. W. O. C. appeared at the hearing only for the purpose of moving that the petition be dismissed,' on the ground that the Elec1 The S. W. O. C. made this motion early in the hearing and again at its conclusion, 1304 1305 trode Workers is not a bona fide labor organization. At the close of the hearing, the Electrode Workers moved that the S. W. O. C. be stricken as a party because there was no proof that it had ever been organized. The Trial Examiner reserved both motions for the Board.

They are hereby denied.

On April 20 and 21, 1942, the S. W. O. C. and the Electrode Workers, respectively, filed briefs, which the Board has duly considered.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Arcrods Corporation was incorporated under the laws of the...