Day & Zimmermann, Inc.

National Labor Relations Board - Board Decisions

May 18, 1942

41 N.L.R.B. 24 (N.L.R.B. 1942)

In the Matter - of DAY & ZIMMERMANN , INC. and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN' •AND
HELPERS OF AMERICA, LOCAL UNION No. 218, A. F. of L.
Case No. R-3792.-Decided May 18,1944
Jurisdiction : operations under contract of an ordnance plant owned by United
States Government.
Investigation and Certification of Representatives : existence of question: Coin-
pany,refused to accord petitioner's request for exclusive recognition; election
necessary.
Unit Appropriate for. Collective Bargaining : all truck drivers and chauffeurs at
,the Company's Iowa Ordnance Plant.
Mr. Russell Packard, for the Board.
Mr. George B. Yard• and Mr. Theodore J. Morrison, of Burlington,
Iowa, for the Company.
Mr. Gordon Hathaway and Mr. R. J. Ttaeedell, of Burlington,
Iowa, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upoq petition duly filed by International Brotherhood of Teams-
ters, * Chauffeurs, Warehousemen and Helpers of America, Local
Union No. 218, A. F. of L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Day & Zimmermann, Inc., Burlington, Iowa,
.,herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before James
,C., Batten, Trial Examiner. Said hearing was held at Burlington,
Iowa, on May 1, 1942. The Board, 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 made
at the hearing are free from prejudicial error and are hereby
affirmed.
41 N. L. R. B, No. 7.
24
DAY & ZIMME'RuMANN, INC. 25'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Day & Zimmermann, Inc., operates the Iowa Ordnance Plant at
Burlington, Iowa, under a contract with the United States Govern-
ment.
The United States Government owns all the physical property at
the Iowa Ordnance Plant. The Company is engaged in the business
of loading ammunition, shells, and bombs for the United States
Government at the Iowa Ordnance Plant. All materials used by
the' Company'are furnished by the United States Government, and in
turn all finished products at the plant are shipped by it.1
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Local Union No. 218, is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTAAFION
During November 1941, the Union presented a proposed contract
to the Company and requested exclusive recognition. The Company
denied this request. A statement of the Regional Director, intro-
duced into. evidence during the hearing, indicates that the Union
iepiesents^a substantial number ,of emmployees in ;the,,unit ,hereinafter
found to be appropriate 2
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union urges that all truck drivers and chauffeurs at the Iowa
Ordnance Plant of the Company constitute an appropriate unit. The
Company stated that it had no objection to this unit. , - .
1 At the hearing in a previous case involving the Company , 39 N. L . R. B., No. 239, the
superintendent of the plant testified that it is. fair to assume that the greater portion. of.
the raw materials used , at the -Iowa Ordnance Plant come from points outside -Iowa.
2 The Regional Director reported that the Union presented its ledger which tends to
show that , CO employees whose names appear on the Company 's pay roll of April 2', 1942,
are members in good standing of the,Union. There are approximately 158 employees
in the unit hereinafter found to be appropriate.
26 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all•truck drivers and chauffeurs at the Iowa Ordnance
Plant of the Company 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 find that the question concerning representation -which has
arisen can best be resolved by an election by secret ballot. The
Union stated that in the event the Board directs an election, eligibility
to, vote should be determined by the pay roll- of March 23, 1942,
the date of its petition herein. The Company urges that a current
pay roll be used to determine eligibility to, vote. In accordance with
our usual practice, we shall direct that the employees of the Company
eligible to dote shall be those in the appropriate unit who were em-
ployed 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.
C The Union requests that it appear on the ballot as "General Drivers
Local 218, A.,F..of L." The,regnest,is hereby granted;
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 Re-
lations-Act, and pursuant to Article III, Section 8, 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-
tives for the purposes of collective bargaining with Day & Zimmer-,
mann, 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 9, of said Rules and Regulations, among, the
einployees,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 such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since
quit or•been discharged for cause, to determine' whether` or not'they
desire to be represented by General Drivers Local 218, A. F. of L.,
for the 'purposes of collective bargaining.
In the Matter of DAY & ZIMMERMAN , INC., and INTERNATIONAL
BROTHERHOOD , OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL UNION No. 218, A. F. OF L.
Case No. R-3792
CERTIFICATION OF REPRESENTATIVES
June 26, 1942
On May 18, 1942, the National Labor Relations Board issued a Deci-
sion and Direction of Election in the above -entitled proceedings.'
Pursuant to the Direction of Election , an election by secret ballot was
conducted on June 13, 1942, under the direction and supervision of
the Regional Director for the Eighteenth Region ( Minneapolis, Min-
nesota). On June 14, 1942, 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 an Election Report on the ballot . No objections to the
conduct of the ballot or the Election Report have been filed by any
of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------ 205
Total ballots cast---------------------------------------- 120
Total ballots cballenged---------------------------------- None
Total blank ballots--------------------------------------- None
Total void ballots________________________________________ None
Total valid votes counted--------------------------------- 120
Votes cast for GENERAL DRIVERS LOCAL 218, A. F. of L-------- 102
Votes cast against GENERAL DRivERS LocAL 218, A. F. of L___ ]8
By virtue of and pursuant to the power vested in the National
Labor Relations,.Board, by SCCti;on 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 General Drivers Local 218, A. F. of L.,
has been designated and selected by a majority of all truck drivers
141 N. L. R B 24
41 N. L. R. B., No 7a.
27
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and chauffeurs at the Iowa Ordnance Plant of Day & Zimmerman,
Inc., Burlington, Iowa, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
General Drivers Local 218, A. F. of L., 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 condi-
tions of employment.