Cherry-Burrell Corp.

National Labor Relations Board - Board Decisions

Apr 16, 1943

48 N.L.R.B. 1303 (N.L.R.B. 1943)

In the Matter Of CHERRY-BURRELL CORPORATION and UNITED FARM
EQUIPMENT & METAL WORKERS OF AMERICA, C. I. O.
Case No. R-5086.-Decided April 16, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; eligibility
determined by customary pay-roll period notwithstanding anticipated hiring
of additional employees ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including plant clerical employees and, watchmen, but excluding super-
visory employees above the rank of working foreman, the assistant foreman,
office and office clerical employees, engineering department employees, and
guards
Mr. Henry E. Seyforth, of Chicago, Ill., for the Company.
Mr. Ben Meyers, of Chicago, Ill., for the Union.
Mr. David V. Easton, of'counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment & Metal Wor,k-
ers of America, C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Cherry-Burrell Corporation, Cedar Rapids, Iowa, 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 Cedar Rapids, Iowa, on
March 30, 1943. 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 inade at the hearing are free from prej-
udicial error and are hereby affirmed. On April 6, 194.2, the Company
filed a brief which the Board has considered.
48 N. L. R B, No. 164.
1303
1304 DECISIONS OF NATIONAL I;ABOiR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
'Cherry-Burrell Corporation, a Delaware corporation with general
offices located in Chicago, Illinois, operates 3 manufacturing plants
and 15 sales branches in various parts of the United States. One of the
manufacturing plants located in Cedar Rapids, Iowa, with which we
are concerned herein, is engaged in the manufacture of dairy machin-
ery and various military equipment including gun mounts, side arm
plate for machine gun mounts, and various other products. In the
calendar year 1942 the Cedar Rapids plant used raw materials valued
at approximately $392,000, approximately 90 percent of which origi-
nated from points outside the State of Iowa. In addition to these
raw materials, the Rock Island, Illinois, Arsenal, the Northern Pump
Company of Minnesota, and the Diamond T Truck Company furnished
various parts to the"Cedar Rapids plant. During the fiscal year end-
ing October 31, 1942, the total sales of the finished products of the
Cedar Rapids plant amounted to approximately $1,900,000, of which in
excess of 95 percent were shipped to points outside the State of Iowa.
The 'Company admits that it is engaged in commerce within the mean-
ing of the Act.
II. THE ORGANIZATION II VOLVED
United Farm Equipment & Metal Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining agent of its employees until there has been a certification
by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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.
1 The Regional Director reported that the Union submitted 85 application cards bearing
apparently genuine original signatures, and containing the names of persons who appear
upon the Company's pay roll of 'larch 1, 1943. This pay roll contained 209 persons in the
appropriate unit.
0
CHERRY-BURRELL CORPORATIONS
IV. THE APPROPRIATE UNIT
1305
The Company and the Union are agreed that the unit appropriate
for the purpose of collective bargaining should include all production
and maintenance employees and plant clerical employees, and exclude
office and office clerical employees, engineering department employees,
guards, and supervisory employees above the rank of working foreman,
but there is disagreement with respect to the inclusion of the following :
Watchman.-The Company contends that watchmen should be ex-
cluded for the reason that the Company is engaged in war production
and it anticipates that all watchmen will be armed and uniformed and
placed under the control of the armed services. The Union contends
that they should be included within the appropriate unit. The record
discloses that at the present time these employees perform the' usual
duties of watchmen and have some maintenance duties as well. When,
in the future, they are armed and uniformed they will be considered as
guards, and thus be excluded from the unit. However, in the mean-
time, we shall include them within the unit herein found appropriate.2
F. Ford.-The Company contends that Ford, who is designated as
an assistant foreman in charge of the receiving department, should
be excluded from the unit because of the fact that he is a supervisory
employee. The Union contends that he should be included inasmQch as
he, does some manual work. The record discloses that Ford supervises
approximately 10 , employees in the receiving department, and his
supervisory duties occupy approximately 95 percent of his time. We
Shall, therefore, exclude him from the unit as a supervisory employee.
In accordance with the above we find that all production and main-
tenance employees of the Company, including plant clerical employees
and watchmen, but excluding supervisory, employees above the rank
of working foreman, the assistant foreman (F. Ford), office and office
clerical employees, engineering department employees, and guards,
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, in accordance with our usual procedure, direct that 'the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
unit. The Union contends that eligibility to vote in the election should
be determined as of March 1, 1943, the date of the pay roll submitted
to the Trial Examiner for the purposes of checking representation,
2 See Matter of Nebraska Power Company and The Joint Council of the International
Brotherhood of Electrical Workers Union No. B- 763, International Association of Ma-
chinasts , Local Lodge No. 31, affiliated with American Federation of Labor, 46 N. L. R. B.
601. '
}
1306 DEOIISIONS_ OF NATIONAL LABOR RELATIONS BOARD
basing its contention upon the fact that the Company anticipates
the hiring of 50 additional employees. We do not regard this con-
tention as sufficient reason for departing from our usual practice, and
in accordance therewith, shall direct that the election be held among
the employees who were employed during the pay-roll period imme-,
diately preceding the date of -the Direction of Election, subject to the.
limitations and additions set forth therein.
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 the National Labor Rela-
tions 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 Cherry-Burrell
,Corporation, Cedar Rapids, Iowa, an election by secret ballot shall
be conducted as early as possible, but not later rthan thirty (30) 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, 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 any, such 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 United Farm
Equipment & Metal Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.,