15 N.L.R.B. 57 (N.L.R.B. 1939)

Clark Equipment Co.

National Labor Relations Board - Board DecisionsSep 1, 1939

15 N.L.R.B. 57 (N.L.R.B. 1939)

In the Matter of CLARK EQUIPMENT COMPANY, A CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS , LODGE 46 In the Matter Of CLARK EQUIPMENT COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS , LODGE No. 46 Cases Nos. C-620 and R-792, respectively SUPPLEMENTAL DIRECTION OF ELECTION September 1, 1939 On May 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election 1 in the above-entitled proceeding, ordering that the respondent cease and desist from certain unfair labor practices and take certain affirmative action found necessary to effectuate the policies of the National Labor Relations Act, 49 Stat. 449, and directing that an election by secret ballot be conducted at such a time-as the Board should in the future direct, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan) among all hourly paid production and maintenance employees of Clark Equipment Company, herein called the respondent, at its Battle Creek, Michigan, plant, employed by the respondent during a period or at a time to be determined by the Board in the future, excluding watchmen, office workers, engineers and designers, super- visory employees,, and foremen whose principal work is not in the operation of a machine, and excluding foremen not engaged in pro- ductive work, to determine whether or not they desire to be rep- resented by International Association of Machinists, Lodge 46, affiliated with the American Federation of Labor, for the purpose of collective bargaining. The Board has since been advised by the Regional Director that an election may be appropriately held at this time. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- 112 N. L . R. B. 1469. 15 N. L. R. B., No. 8. 57 58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2,2 it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargain- ing with Clark Equipment Company, the election by secret ballot, directed to be conducted by the Board's Direction of Election of May 31, 1939, shall be conducted within fifteen (15) days from the date of this Supplemental Direction of Election, under the direc- tion and supervision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations, among all hourly paid production and maintenance em- ployees of Clark Equipment Company at its Battle Creek, Michigan, plant, employed during the pay-roll period next preceding the date of this Supplemental Direction of Election, including employees 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, excluding watchmen, office workers, engineers and designers, supervisory employees, and foremen whose principal work is not in the operation of a machine, and excluding foremen not engaged in productive work, to determine whether or not they desire to be represented by International Association of Machinists, Lodge 46, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. WILLIAM M. LEisERSON took no part in the consideration of the above Supplemental Direction of Election. [ SAME TITLE] AMENDMENT TO SUPPLEMENTAL DIRECTION OF ELECTION September 11, 1939 On May 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election 3 in the above-entitled proceeding. On Sepember 1, 1939, the Board issued a Supplemental Direction of Election directing that an elec- tion by secret ballot be conducted within fifteen (15) days-from the 2 On July 14, 1939, after the Direction of Election herein, National Labor Relations Board Rules and Regulations-Series 1, as amended, were superseded by National Labor Relations Board Rules and Regulations-Series 2. We therefore issue this Supplemental Direction of Election pursuant to the new Rules and Regulations. 3 12 N. L. R. B. 1469. CLARK EQUIPMENT COMPANY 59 date of the Supplemental Direction of Election among all hourly paid production and maintenance employees of Clark Equipment Company at its Battle Creek, Michigan, plant, employed during the pay-roll period next preceding the date of the Supplemental Direction of Election, including employees 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, excluding watchmen, office workers, engineers and designers, supervisory employees, and foremen whose principal work is not in the operation of a machine, and excluding foremen not engaged in productive work, to deter- mine whether or not they desire to be represented by International Association of Machinists, Lodge 46, affiliated with the American Federation of Labor, for the purposes of collective bargaining. At the request of the Regional Director for the Seventh Region the Board hereby amends its Supplemental Direction of Election by strik- ing therefrom the words "within fifteen (15) days from the date of this Supplemental Direction of Election" and substituting therefor the words "within thirty (30) days from the date of this Supplemental Direction of Election." MR. WILLIAM M. LELSERSON took no part in the consideration of the above Amendment to Supplemental Direction of Election. 15 N. L. H. B., No. 8a. SAME TITLE] SECOND AMENDMENT TO SUPPLEMENTAL DIRECTION OF ELECTION September 27, 1939 On May 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election in the above-entitled proceeding. On September 1, 1939, the Board issued a Supplemental Direction of Election directing that an elec- tion by secret ballot be conducted within fifteen (15) days from the date of the Supplemental Direction of Election among all hourly paid production and maintenance employees of Clark Equipment Company at its Battle Creek, Michigan, plant, employed during the pay-roll period next preceding the date of the Supplemental Direc- tion of Election, including employees 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, excluding watchmen, office workers, engineers and designers, supervisory em- ployees, and foremen whose principal work is not in the operation 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of a machine, and excluding foremen not engaged in productive work, to determine whether or not they desire to be represented by International Association of Machinists, Lodge 46, affiliated with the American Federation of Labor, for the purposes of collective bargaining. On September 11, 1939, the Board issued an Amendment to Sup- plemental Direction of Election providing that the election should be held within thirty (30) days from the date of the Supplemental Direction of Election instead of within fifteen (15) days thereof. At the request of the Regional Director for the Seventh Region the Board hereby further amends its Supplemental Direction of Election, as amended, by striking therefrom the words "within thirty (30) days from the date of this Supplemental Direction of Election" and substituting therefor the words "within forty-five (45) days from the date of this Supplemental Direction of Election." MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Amendment to Supplemental Direction of Election. 15 N. L . R. B., No. 8b.