Clearing Machine Corp.

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1229 (N.L.R.B. 1943)

In the Matter of CLEARING MACHINE CORPORATION and DISTRICT No. 8,
^INTERNATIONAL.ASSOCIATION OF MACHINISTS
Case No. R-5111-Decided April 14, 1943
Jurisdiction : mechanical and hydraulic press and forging machines manufac-
turing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all employees, including factory
clerks who actually handle tools or materials, with specified exclusions.
Fyffe & Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
,Company.
Mr. J. W. Ramsey and Mr. Walter Douard, of Chicago, Ill., for the
I.A.M.
Mr. Louis Torre, of Chicago, Ill., for the U. E. R. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District .No. 8, International Associa-
tion of Machinists, herein called the I. A. M., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Clearing Machine Corporation, Chicago, Illinois, herein
•called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice, before Robert T. Drake,
Trial Examiner. Said hearing was-held at Chicago, Illinois, on April
2, 1943. At the commencement of the hearing, the Trial Examiner
granted a motion of Local 1114, United Electrical, Radio & Machine
Workers of America,- C. I. 0., herein called the U. E.,.R. M., to inter-
vene. The Company, the I. A. M., and the U. E. R. M. appeared at and
participated in the hearing, and all parties were afforded full oppor-
tunity to be heard, to examine and Bross-examine witnesses, and to,
,introduce evidence bearing on the issues. The Trial Examiner's
48 N. L. R. B, No. 149
1229
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE 00111FANY
Clearing Machine Corporation is an Illinois 'corporation with its
principal place of business at Chicago, Illinois, where it is engaged
in the manufacture and sale of mechanical and hydraulic press and
forging machines. During 1942 the Company purchased raw mate-
rials valued in excess of $100,000, approximately 50 percent of which
was shipped to it from points outside the State. During the same
period the Company sold finished products valued in excess of $150,000,
over 50 percent of which was shipped to points outside the State of
Tllinois. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
District No. 8, International Association of Machinists, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
Local 1114, United Electrical, Radio & Machine Workers of America,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership ' employees of the Company.
III. THE QUESTION CONCERNING,RERRESENTATION
On February 15, 1943, the I. A. M. requested the Company to recog-
nize it as the exclusive representative of its employees. The Company
refused this request until such time as the Union is certified by the
Board.
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence at the hearing, indicate that the I. A: M. represents
a substantial 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.
I The Regional Director and the Trial Examiner reported that the I. A. M. presented
278 authorization cards bearing apparently genuine signatures of persons whose names
appear on the Company 's pay roll of February 28, 1943 . There are approximately 467
employees in the appropriate unit. The Regional Director further reported that the
U E R. M presented 38 membership application cards bearing apparently genuine signa-
tures of persons whose names appear on the February 28, 1943, pay loll.
CLEARJING MACHINE CORPORATION ' ' 1231
IV. THE APPROPRIATE UNIT
The I. A. M. and the U. E. R. M. urge that all employees of the
Company, excluding office and clerical employees, non-working fore-,
men, non-working "assistant foremen, executives, guards,. engineers,.
draftsmen, and road service men, but including factory clerks who actu-
ally handle tools and material, constitute an appropriate unit. The
Company took no position with respect to the unit urged by the I. A. M.
and the U. E. R. M. but stated that it agreed with the proposed exclu-
sions. Evidence introduced at the hearing indicates that the employees
claimed by the I. A. M. and the U. E. R. M. are closely related from a
functional standpoint.
We find that all employees of the Company, including factory clerks
who actually handle tools or materials, but excluding office and clerical
employees, non-working foremen, non-working assistant foremen, exec-
utives, guards, engineers, draftsmen, and road service men, 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 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
Election herein, subject to the limitations and additions set forth in
the Direction.
The I. A. 'M. contends that the U. E. R. M. should not be accorded
a place on the ballot because of its small showing of representation
among the employees of the Company. However, inasmuch as an
election is to be conducted, and inasmuch as the U. E. R. M. has made
some showing of membership, we shall accord it a place on the ballot.2
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 2, as amended, it is hereby
DIRECTED that, as part' of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Clearing Machine
Corporation, Chicago, Illinois, 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
3Matter of Rein ington-Rand Inc. and International Association of Machinists, Local
826, 40, N. L R. B. 1100.
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director for the Thirteenth 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 they desire to be represented by District No. 8, International
Association of Machinists, or by Local 1114, United Electrical, Radio
& Machine Workers of America, affiliated with the C. I. 0., for the
purposes of ' collective bargaining, or by neither.