Beloit Iron Works

National Labor Relations Board - Board Decisions

Apr 17, 1944

55 N.L.R.B. 1369 (N.L.R.B. 1944)

In the Matter of BELOIT IRON WORKS and LODGE No. 1197, INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, A. F. OF L.
Case No. 13-R-2328.-Decided April 17,1944
Mr. John P. Currie, of Chicago , Ill., for the Company.
Messrs . P. J. Siemiller and Emil G. Raih , of Chicago , Ill., for the
Union.
Mr. Louis Colein , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Lodge No. 1197, International Associa-
tion of Machinists, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Beloit Iron Works, Beloit, Wisconsin, herein called
the Company, the National Labor Relations Board provided for an'
appropriate hearing upon due notice before Stephen M. Reynolds,
Trial Examiner. Said hearing was held at Beloit, Wisconsin, on
March 18, 1944. 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. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Beloit Iron Works is a Wisconsin corporation operating a plant at
Beloit, Wisconsin, where it is engaged in the manufacture of winches,
steam engines, milling machines, and turbines. During 1943 the Com-
pany purchased raw materials valued in excess of $2,000,000, about
95 percent of which was shipped to it from points outside the State
55 N. L . R. B., No. 248.
1369
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Wisconsin. During the same period the Company manufactured
products valued in excess of $5,000,000, approximately 95 percent of
which was shipped to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORG,1NIZATION INVOLVED
Lodge No. 1197, International Association of Machinists, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 3, 1944, the Union requested the Company to recog-
nize it as exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, Indicates that the Union represents a sub-
stantial number 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 Union urges that all employees in the North and South ma-
chine shops, erecting floor, toolroom, subassembly; blacksmith's shop,
welding department, shipping and receiving department, boiler and
engine rooms, and maintenance department of the Company, includ-
ing foundry crane operators and inspectors, but excluding clerical
and supervisory employees, constitute an appropriate unit. The
only controversy with respect to the unit concerns inspectors, shop.
clerical employees, and foundry crane operators.
The Company employs six to eight inspectors. They are required
to have a high degree of skill because of the type and variety of the
products inspected. They are paid on an hourly rate and have no
authority to hire, discharge, or to make recommendations with re-
spect thereto. We shall include the inspectors in the unit.
The Company employs in shop offices in the included departments
13 clerical employees who spend substantially all of their time per-
forming clerical duties in such offices. In the course of their work
they seldom come in contact with the production employees. They
' The Field Examiner reported that the Union presented 177 membership application
cards. There are approximately 350 employees in the appropriate unit.
BELOIT IRON WORKS 1371
are paid on the same basis as office clerical employees. Since their
interests appear to be more closely aligned to office clerical employees
than to production and maintenance employees, and since no affirma-
tive showing has been made nor any compelling arguments advanced
as to why we should depart from our usual practice of excluding
clerical employees from a unit principally composed of production
and maintenance employees, we shall exclude the clerical employees
in shop offices from the unit.2
The foundry crane operators work in the foundry and report to
the foreman in that department. The Union is not seeking to rep-
resent the remaining foundry employees in the instant proceeding
nor are they represented by any other labor organization. Inasmuch
as the record indicates that the foundry crane operators are a part
of the foundry department and work under the same supervision as
the other employees in the foundry, we shall exclude them from the
instant unit.
We find that all employees in the North and South machine shops,
erecting floor, toolroom, subassembly, blacksmith's shop, welding de-
partment, shipping and receiving department, boiler and engine rooms,
and maintenance department of the Company, including inspectors,
but excluding foundry crane operators, office and shop clerical em-
ployees, and all supervisory employees with authority to hire, pro-
mote, 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 mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OP REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees within the appropriate unit who were employed dur-
ing the pay-roll period immediately preceding the date of the 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 vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations,
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Beloit Iron Works,
2 Matter of Atlantic Basin Iron Works, 5 N. L R. B. 402.
1372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Beloit, Wisconsin, 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 Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, 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 Di-
rection, 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 pre-
sent themselves in person at the polls, but excluding any who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether or not
they desire to be represented by Lodge No. 1197, International Associa-
tion of Machinists, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
CHAIRMAN MiLLis took no part in the consideration of the above
Decision and Direction of Election.