Day & Zimmerman, Inc.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 391 (N.L.R.B. 1942)

J
In the Matter of DAY & ZIMMERMAN, INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE 1010
Case No. R-4583.-Decided December 06, 1942
Jurisdiction : ordance manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without Board certification ; election necessary.
Unit Appropriate for Collective Bargaining : multi-craft unit comprising all tool
and die makers, machinists, millwrights, maintenance mechanics, machine
operators,, welders, sheet metal workers, blacksmiths, heat-treat operators,
tool-crib employees, and learners and helpers in the foregoing classifications,
but excluding foremen and all others with the right to hire and discharge,
clerical and office employees. -
Messrs. Bruce Lourie, Joseph A.. Kozak and Lymon D. , Jones, all
of Iowa Ordnance Plant, for the Company. -
Mr. J. J.' Denny, of Burlington, Iowa, 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 International Association of Machinists,
Lodge 1010, herein-called the Union, alleging that a question affecting
commerce has arisen concerning the representation of employees of
Day & Zimmerman, Inc., Burlington, Iowa, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due- notice before Harry Brownstein, Trial Ex-
aminer. - Said hearing was held at Burlington, Iowa, on November 24,
1942. 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 om the issues.' The
1 On November 25, 1942, the Union filed charges alleging that the Company had engaged,
in unfair labor practices. On November 28, 1942, the Union waived any right to protest
the results of any election resulting from the investigation in the instant case, on the
basis of the unfair labor practices alleged in the afore-mentioned charges.
46 N L. R B., No. 46. '
r 391
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Day & Zimmerman, Inc., is engaged in the business of loading
ammunition, shells and bombs, and manufacturing component parts
for the United States. Government at the Iowa Ordnance Plant, Bur-
lington, Iowa. The United States Government owns all the physical
property at the plant,'and the Company performs these services: on
a 'cost plus fixed fee, basis. All 'materials, used by 'the Company are
furnished by the United States Government, and all finished products
at the plant'are shipped by'the United States Government. The Com-
pany employs approximately 5000 persons at the said plant. We find
that the Company is engaged in commerce within the meaning of
the National Labor Relations Act. '
'II. THE ORGANIZATION INVOLVED
International Association of ` Machinists, Lodge 1010, is a'-labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
On August 17, 1942, the Union requested the, Company to recognize
it as the exclusive representative of certain employees of the Company.
The Company, refused to accord the Union recognition until,it had
been certified 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 •fiiid 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.
IV. TIIE APPROPRIATE UNIT
The Union- contends that the, appropriate unit consists of all em-'
ployees engaged as tool and die makers, machinists, millwrights;
2 The Regional Director reported that the'Union submitted a certified list of its members
containing 209 names ; that 122 of said names appear on the Company' s pay roll of
September '9, 1942. There is no statement of direct evidence as to the size of the appro-
priate unit other than that contained in the petition herein. Said petition described the
alleged appropriate unit as consisting ' of 300 employees.
DAY & ZIMMERMAN, INC.- 393
maintenance, mechanics, machine operators, welders, sheet-metal work-
ers, blacksmiths, heat-treat operators, tool-crib employees, and helpers
and apprentices' in the foregoing classifications, excluding foremen,
clerical and office employees. The Company urges that these em-
ployees should be divided into five craft units consisting of (1) tool
and die makers; (2) - machinists, millwrights, maintenance mechanics"
machine operators, tool-crib employees, and helpers,and learners, in
such classifications; (3) welders; (4) sheet-metal workers; and (5),
blacksmiths and heat-treat operators.
Although-the unit claimed appropriate by, the Union consists of
several crafts or semi-skilled groups, the record shows a degree of
interdependence and frequent interchanges of employees among these
groups. All employees within the alleged unit are hourly paid, work
under the same employment conditions, and are within the same wage
range. All are responsible to the master mechanic with the exception,
of the maintenance mechanics. No evidence was offered that any of
the employees' wished to be represented in separate craft groups, and
there is no past history of collective bargaining on a craft -basis. The
only union seeking to represent these employees seeks to represent the
several craft groups as a single unit. Under all the circumstances, we
find that the, tool and die makers, machinists, millwrights, maintenance
mechanics, machine operators, welders, sheet-metal workers, black-
smiths, heat-treat operators, tool-crib employees, and learners and
helpers in the foregoing classifications, but excluding foremen and
all others with the right to hire or discharge, clerical and office em-
ployees, 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 an election by secret ballot among the em-
ployees 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.
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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
t ives for the purposes of collective bargaining with Day & Zimmerman,
394' DECISIONS OF NATIONAL' LABOR - RELATIONS BOARD
Inc., Burlington, Iowa, 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 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,
of Election, including employees who did not work during such payroll
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 International Association of Ma-
chinists, Lodge 1010, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
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