Atlas Tool & Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 10, 1940

27 N.L.R.B. 182 (N.L.R.B. 1940)

In the Matter of ATLAS TOOL & MANUFACTURING COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No. 9
Case No. B-2018.-Decided September 10, 1940
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union ; request that certification be obtained ;
election necessary. `
Persons employed by company for aggregate period of less than one month,
and not working at time of hearing, considered temporary employees rather
than employees temporarily laid off, and hence not eligible to vote, where no
prediction can be made whether the temporary increase in the Company's
business which gave rise to their employment will again occur.
Unit Appropriate for Collective Bargaining : production employees excluding
supervisors, office employees and draftsmen.
Employees-who attend school during 9-month session and employed by
Company during vacations, included in unit composed primarily of year-
round employees. -
Hall cC Todd, by Mr. Josephus Todd, of St. Louis , Mo., for the
Company.
Mr. Lloyd Weber, of St. Louis, Mo., for the Union.
Mr. Bonnell Phillips, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 12, 1940, International Association of Machinists, District
Lodge No. 9, herein called the Union, filed with the Regional Director
for the Fourteenth Region (St. Louis, Missouri), a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Atlas Tool & Manufacturing Company, St.
Louis, Missouri, herein called the Company, and requesting an ' inves
tigation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On August 10, 1940, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
27 N. L R. B., No. 41.
182
ATLAS' TOOL & MANUFACTURING COMPANY 183
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On August 19, 1940, the Regional Director issued a: notice of hear-
ing, copies of which were duly served upon the Company and the
Union. On August 22, 1940, the Company filed an "answer" to the
petition, controverting certain allegations in the petition. There-
after, pursuant to notice, a hearing was held on August 24, 1940, at
St. Louis, Missouri, before L. N. D. Wells, Jr., the Trial • Examiner
duly designated by the Board. The Company and the Union were
represented and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence-bearing on the issues was afforded all parties. At the begin-
ning 'of the hearing the Company moved for the dismissal of the
petition filed by the Union on the ground that the Board has no
jurisdiction over the Company and on the further ground that the
Union is not the proper bargaining agency for its employees. This
motion was referred by the Trial Examiner to the Board. The mo-
tion is hereby denied. During the course of the hearing the Trial
Examiner made several rulings, on other 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 com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Atlas Tool & Manufacturing Company, a Missouri corporation with
its principal office and only place of business at, St. Louis, Missouri, is
engaged in the manufacture of dies, tools, vending machines, coffee
roasters, and other types of metal products During the year 1939 the
Company's purchases of raw materials, consisting in large part of
steel, brass, die sets, castings. motors; paint, glass, and hardware,
amounted in value to approximately $40,000. Approximately 30 per
cent of such raw materials• were sold and shipped to the Company
from points outside the State of Missouri. During the same period the
Company's sales of finished products amounted in value to $126,842,
approximately 5 per cent of such finished products being sold and
shipped to points outside Missouri.
The Company employs approximately 80 employees.
184 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District Lodge No. 9, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership production employees of the Company.
III. THE QUESTION CONCERNING REPRESENTAIION
On July 3, 1940, the Union requested the Company to bargain with
it as the exclusive representative of the Company's production em-
ployees. The Company refused to recognize the Union until it is
certified by the Board. At the hearing there was introduced in evi-
dence a report of the Regional Director showing that the Union
represents a substantial number of Company employeesl'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. 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
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes bur-dening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The, Company and the Union have stipulated that the appropriate
unit should include all production employees of the Company, exclud-
ing supervisors and office employees, We shall adopt the unit as
stipulated.
The Company, in opposition to the Union, seeks to include drafts-
men in the agreed unit. Of the two employees so classified on the
Company's pay roll of August 14, 1940, one, A. C. Waldvogel, en-
gages in machine work only when producing models of products
which he has designed. Unlike regular production employees who
are paid on an hourly basis, Waldvogel is a salaried employee. We
shall exclude draftsmen from the appropriate unit.
It appears; however, that Glenn Delph, also classified on the pay
roll of August 14 as a draftsman, is on temporary assignment, and
that his work has been and will again be that of an apprentice
1 The report showed that 24 of the approximately 65 production employees on the August
14, 1940, pay roll had signed cards authorizing the Union to represent them.
ATLAS TOOL & MANUFACTURING COMPANY 185
machinist. Since a majority of Delph's working time is devoted to
machine work, the Union` does not contest his inclusion in the appro-
priate trait. It appears also that Delph, who is the son of the
Company's president, attends school during a 9-month session and
is employed by the Company during vacations. We have before
included employees with similar tenures in units composed primarily
of year-round employees.2 We find that Delph should be included
within the appropriate unit as a production employee.
We find that the production employees of the Company, excluding
supervisors, office employees and draftsmen, constitute a unit appro-
priate for the purposes of collective bargaining, and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
- We find that an election by secret ballot is necessary to resolve
the question concerning representation which has arisen. We shall
direct that the, employees within the appropriate unit whose names
appear on the Company's pay roll immediately preceding this Deci-
sion and Direction of Election, including those who did not work
during such pay-roll period because they were ill or on vacation, and
those who were then or have since been temporarily laid off,3 but
excluding those who have since quit or been discharged for cause,
shall be eligible to vote.
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 Atlas Tool & Manufacturing Company,
St. Louis, Missouri, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the Act.
'Matter of Armour h Company and Local No .54, United Packinghouse Workers of
America, of Packinghouse Workers Organizing Committee, affiliated with C . 1. 0, 14 N. L.
R B 865 See also Monte Gloie Company , Inc and International Glove Workers Union
of America, Local No 94, 17 N. L R B 405.
3 The position of both the Union and the Company is not clear with respect to the
eligibility to vote of some 8 or 10 employees who had been , "laid off" approximately
1 week prior to the hearing The Company ' s president testified that the persons in
question had been in the Company's employ for a period not exceeding 1 month prior
to their lay-off, and that he could not predict whether the increase in business which
gave rise to their employment would again occur Under the circumstances as given
in the record , we are of the opinion that these employees are more properly described as
temporary employees rather than employees temporarily laid off If their status. remains
unchanged as of the date of the pay roll which we have adopted for the -determination
of eligibility , we find that these employees should not be eligible to vote.
186 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All production, employees of the Company, excluding super-
visors, office employees, and draftsmen, constitute,a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the 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-
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Atlas Tool & Manufacturing Company, St . Louis, Missouri,
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
of Election , under the direction and supervision of the Regional
Director for the Fourteenth 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 the production em-
ployees of said Company employed by the Company during the pay-
.roll period next preceding the date of this Direction of Election,
including those who did not work during such pay-roll period because
they were ill or on vacation , and employees who were then or have
since been temporarily laid off , bur, excluding supervisors , office em-
ployees, draftsmen , and those who have since quit or been discharged
for cause , to determine whether or not they desire to be represented
by International Association of Machinists , District Lodge No. 9,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
SAME TITLE
CERTIFICATION OF REPRESENTATIVES*
October 18, 1940
On September 10, 1940, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on October 3, 1940, under the direction and supervision of
the Regional Director for the Fourteenth Region (St. Louis, Mis-
souri ). On October 4, 1940, the-Regional Director, acting pursuant
127 N L R B, No. 41.
ATLAS TOOL & MANUFACTURING COMPANY 187
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served upon
the parties an Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows:
Total number eligible to vote____________ __________________ 54
Total number of ballots cast ______________________________ 46
Total number of ballots cast for International Association
of Machinists , District Lodge No 9_______________________ 25
Total number of ballots cast against International Association
of Machinists , District Lodge No. 9_______________________ 21
Total number of challenged ballots________________ ________ 0
Total number of void ballots______________________________ 0
Total number of blank ballots ---------------------- ------- 0
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
District Lodge No. 9, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the production em-
ployees of Atlas Tool and Manufacturing Company, St. Louis, Mis-
souri , excluding supervisors, office employees, and draftsmen, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Inter-
national Association of Machinists, District Lodge No. 9, affiliated
with the American Federation of Labor, is the exclusive representative
of all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment.
27 N. L. R. B., No. 41a.