Berlin Chapman Co.

National Labor Relations Board - Board Decisions

Mar 20, 1945

60 N.L.R.B. 1355 (N.L.R.B. 1945)

In the Matter of BERLIN CHAPMAN COMPANY and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. 18-R-1179.-Decided March 20,19.1115
Mr. W. Mead Stilimain, of Oshkosh, Wis., and Mr. John Gillett, of
Berlin, Wis., for the Company.
Mr. R. B. Hall, of Milwaukee, Wis., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the United Steelworkers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Berlin Chapman Company, Berlin, Wisconsin, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Clarence A. Meter, Trial- Examiner.
Said hearing was held at Berlin, Wisconsin, on March 2, 1945. 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
Berlin Chapman Company is a Wisconsin corporation operating a
plant at Berlin, Wisconsin, where it is engaged in the manufacture of
canning machinery and heavy equipment. During 1944 the Company
purchased about $410,000 worth of raw materials, over 90 percent of
which was shipped to it from points outside the State of Wisconsin.
60 N 7 R B, No. 237.
1355
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the same period the Company manufactured products valued
at about $2,400,000, approximately 75 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.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees, asserting a doubt as to its
majority status.
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 mean-
ing of Section 9 (c) and Section 2.(6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,,
that all production and maintenance employees at the Berlin plant of
the Company, excluding office employees, guards, nurses, expediters,
draftsmen, salesmen , executives, production manager, general super-
intendent, chief engineer, floor ladies,-gang foreman, foremen, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the- status of em-
ployees or effectively recommend such action, constitute a unit appro-
priate for the purpose 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
' The Field Examiner reported that the Union presented 176 membership application
cards There are about 352 employees in the appropriate unit
BERLIN CHAPMAN COMPANY 1357
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Berlin Chapman
Company, Berlin, Wisconsin, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Eighteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 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 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 and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by United Steel-
workers of America, C. 1. 0., for the purposes-of collective bargaining.