Dain Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 29, 1941

33 N.L.R.B. 850 (N.L.R.B. 1941)

In the Matter of DAIN MANUFACTURING COMPANY and LODGE NO. 1465,
INTERNATIONAL ASSOCIATION OF MACHINISTS-A. F. OF L.
Case No. R-3125
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES -
July ^?9, 1941
On February 11, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding,' directing that separate elections by secret
ballot be conducted (1) among the tool and die makers, machinists,
specialists, helpers, apprentices, and tool-crib attendants, and (2)
among the production and maintenance employees of Dain Manu-
facturing Company, Ottumnva, Iowa, herein called the Company.
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on February 27, 1941, under the direction and supervision
of the Regional Director for the Eighteenth Region (Minneapolis,
Minnesota). On March 1, 1941, the Regional Director, actng pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, prepared and, duly
served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows:
Machinists
Total number of ballots Cast --------------------------------- 42
Total number of votes counted------------------------------- 38
Total number of ballots cast for Lodge 1465, International
Association of Machinists (AFL) --------------------------- 17
Total number of ballots cast for Local 117, Farm Equipment
Workers Organizing Committee (CIO) --------------------- 13
Total number of votes cast for Independent Farm Implement
Workers-------------------------------------------------- 7
Total number of votes cast for none of the above organi-
zations--------------------------------------------------- 1
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots_ .------------------------- 4
^ 29 N L R B 526
33 N. L.R.B,No 159.
850
DAIN MANUFACTURING COMPANY 851
Production and Maintenance
Total number of ballots cast------------------------------- 232
Total number of . votes counted---------------------------- 224
Total number of ballots cast for Local 117, Farm Equipment
Workers Organizing Committee ( CIO) ----------------- 98
Total number of ballots cast for Independent Farm Implement
Workers --------------------------------------------- 108
Total number of ballots cast for neither of the above organiza-
tions------------------------------------------------- 17
Total number of blank ballots ----------------------------- 0
Total number of void ballots--- ---------------------------- 1
Total number of challenged ballots--------- ---------------- 8
On June 5, 1941, the Board issued a Supplemental Decision and
Second Direction of Elections,2 directing that run-off elections be held
among the machinists and production and maintenance employees of
the Company. Pursuant to the Second Direction of Elections, elec-
tions by secret ballot were conducted on June 26, 1941, under the
direction and supervision of the Regional Director. On June 30,
1941, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations- Series
2, as amended , issued and duly served upon the parties a Run-Off
Elections Report. No objections to the conduct of the ballot or the
Run-Off Elections Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Machinists
Total on eligibility list------------------------------------ 41
Total ballots cast----- ------------------------------------ 40
Total ballots challenged----------------------------------- 1
Total blank ballots ---------------------------------------- 0
Total void ballots ---------------------------------------- 0
Total valid votes cast- ------------------------------ ---- 39
Votes cast for Lodge No. 1465, International Association of
Machinists , A. F. of L.-------------------------------- 19
Votes cast for Local 117, Farm Equipment Workers Organizing
Committee , C. I. 0------------------------------------ 10
Votes cast for Independent Farm Implement Workers------- 10
Production and Maintenance
Total on eligibility list------------------------------------ 250
Total ballots cast----------------------------------------- 214
Total ballots challenged----------------------------------- 14
Total blank ballots---------------------- ----------------- 0
Total void ballots----- ------------------------------------ 0
Total valid votes cast------------------------------------- 200
Votes cast for Local 117, Farm Equipment Organizing Com-
mittee, C I 0 ----------------------------------------- 93
Votes cast for Independent Farm Implement Workers ------ 107
2 32 N. L R B 307. The Board overruled Obections to the Election Report filed by
Independent Farm Implement Workers and disposed of certain challenged ballots
450122-42-vol. 33-55
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Regional Director recommended that the challenges to five of
the ballots cast in the election among the production and maintenance
employees be overruled and that the challenges to nine of the ballots
be sustained. No exceptions were taken to the Regional Director's
recommendations. We hereby sustain the challenges as to nine of
the ballots and overrule the challenges to five of the ballots, as
recommended by the Regional Director.
In its Decision and Direction of Elections the Board made no
final determination as to the appropriate unit or units for the pur-
poses of collective bargaining pending the election to be held among
the machinists. The Board stated that if they chose the same rep-
resentative as the production and maintenance employees, they would
together constitute an appropriate unit. If they chose different rep-
resentatives, they would then constitute separate appropriate units.
The Board further stated in its Supplemental Decision and Second Di-
rection of Elections that if no labor organization received a majority of
the votes cast in the run-off election among the machinists, it would
not hold any further elections among them, nor certify any repre-
sentative for them. We shall, therefore, not certify any representa-
tive for the tool and die makers, machinists, specialists, helpers, ap-
prentices, and tool-crib attendants. -
Upon the basis of the entire record, the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
We find that all production and maintenance employees of Dain
Manufacturing Company, Ottumwa, Iowa, excluding office, clerical
and supervisory employees, foremen, assistant foremen, watchmen,
tool and die makers, machinists, specialists, helpers, apprentices, and
tool-crib attendants, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to employees
of the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies,of the
Act.
Upon the basis of the above finding of fact and upon the entire
record in the case , the Board makes the following :
SDPPLEMENTAL CONCLUSION OF LAW
All production and maintenance employees of the Company, ex-
cluding office , clerical , and supervisory employees , foremen , assistant
foremen, watchmen , tool and die makers , machinists , specialists,
helpers, apprentices, and tool-crib attendants, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
SHIPOWNERS ASSOCIATION OF THE PACIFIC COAST 853
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that Independent Farm Implement Work-
ers has been designated and selected by a majority of all production
and maintenance employees of Dain Manufacturing Company, Ot-
tumwa, Iowa, excluding office, clerical, and supervisory employees,
foremen, assistant foremen, watchmen, tool and die makers, machin-
ists, specialists, helpers, apprentices, and tool-crib attendants as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, Independent Farm Implement
Workers is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
Mn. EDWIN S. SMITH, dissenting:
For the reasons set forth in my dissenting opinion in the Sup-
plemental Decision and Second Direction of Elections in the instant
case,? I dissent from the majority holding that tool and die makers,
machinists, specialists, helpers, apprentices, and tool-crib attendants
should be excluded from the unit of production and maintenance
employees.
3 32 N. L R. B 307.