Eclipse Lawn Mower Co.

National Labor Relations Board - Board Decisions

Sep 8, 1942

43 N.L.R.B. 1178 (N.L.R.B. 1942)

In the Matter of ECLIPSE LAWN MOWER Co. and UNITED STEELWORKERS
OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No., B-4160.-Decided September 8, 194
Jurisdiction : tread processing industry.
Investigation and Certification of Representatives : existence of question: ques-
tion concerning representation held to exist where ,Company in effect
refused to recognize union by its failure to answer union's request made by
registered mail; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, excluding watchmen, and office, clerical,
and' supervisory employees ; stipulation as to.
Mr. Mason Bull, of Morrison, Ill., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Bertram McNamara,
of Sterling, Ill., for the Union.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America , C. I. 0.,
herein called the Union , alleging that a question affecting commerce
had arisen concerning the representation of employees of Eclipse Lawn
Mower Company , Prophetstown , Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William J. Isaacson , Trial Examiner.
Said hearing was held at Morrison ,' Illinois, on August 14, 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 on the issues . The Trial Examiner's
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 COMPANY
Eclipse Lawn Mower Company, an Illinois 'corporation, having its
office and plants in Prophetstown, Illinois, is engaged principally in
43 N. L. R. B., No. 184.
1178
ECLIPSE LAWN MOWER CO. 1179
heat treating and grinding treads. It annually purchases raw ma-
terials valued in excess of $100,000, 49 percent,of which is shipped
directly to Prophetstown, Illinois, from points outside the State of
Illinois. The finshecl product, also valued in excess of $100,000
per year, is shipped to places outside the State of Illinois.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company. '
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 30, 1942, the Union 'first began organizing
employees of the Company and, in the succeeding weeks, a substantial
number of the Company's employees designated- the Union as their
exclusive'bargaining agent. During this period, several employees of
the Company- were discharged, and the Union, believing these dis-
charges to have been discriminatory and fearing further reprisals,
made no direct request for recognition to the Company, but decided
to act through a representative of the Board.' Accordingly, on July
14, 1942, a field representative of the Board, at the behest of the Union',
met with the Company, informed it of the claims of the Union and
attempted to arrange a conference between the parties. Thereafter
the Union concluded that little could be achieved by a 'conference of
the parties at that time, and proceeded with its representation case
before the Board. On August 12, 1942, the Union, by registered mail,
requested the Company to recognize it as the exclusive representative
of the employees.
The Company contends that no question concerning representation
has arisen because, except for the said registered letters of August 12,
no direct demand for recognition was or has been made by the Union
to the Company and, therefore, the Company has not refused to
recognize or bargain with the Union. We find no merit in this con-,
iention. At the hearing, the Trial • Examiner asked counsel for the'
Company what position it was taking with respect to the demand for
i ecognition made by the Union in the said registered letters of August
12. Counsel replied that the Company could act only through its
directors, none of whom was present: It is apparent that the
Company, in effect, has refused to recognize the Union.'
On July 9 , 1942 , charges of unfair labor practices were filed by the Union against
the Company ; the Union , however, has waived any right to protest any election on'any
ground set forth in said charges.
2 See Matter of Genco Mfg . Co and International Brotherhood of Electrical Workers,
Local B-918, A. F. of L., 29 N. L. R. B 236; Matter of National Weaving Company and
Textile Workers Organizing Committee, 7 N. L. R. B. 916.. Cf. Matter of J. & A. Young,
Inc. and Rose Amanzio, 9 N L. R. B. 1164.
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A- statement of the Regional, Director, introduced in evidence at
the hearing; shows that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce leas 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.4
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at the plant located at Lincoln
and Locust Streets, Prophetstown, Illinois, excluding watchmen, and
office, clerical, and supervisory employees, 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth herein. '
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 Rela-
tions Act, 49 Staf. 449, 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 a part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Eclipse Lawn
Mower Company, Prophetstown, 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 of Election, under-the direction
"The Regional Director reported that the Union submitted 79 designations , all bearing
apparently genuine original signatures , 77 bf which bore dates in June and July 1942.
Two were undated Of these , 66 bore names of employees in the unit alleged to be
appiopriate , which unit contained 86 employees on the pay roll of August 1, 1942.
4 011 August 29, 1942, the Union filed with the Board a stipulation entered into by the
Company and the Union on August 25, 1942, providing that the iecord be reopened for
the purpose of receiving in evidence, subject to objection by the Company , a letter from
the Company to the Union , dated August 19, 1942, in reply to the August 12 letters
mentioned above. The stipulation and letter are hereby made a part of the record herein.
Our determination that a question concerning representation exists , however, has been
reached independently of the August 19 letter, wherein the Company in effect declined
to act on the Union 's request in view of the fact that this proceeding was pending before
the Board. -
ECLIPSE LAWN MOWER CO. 1181
'1
and supervision of the Regional Director for the Thirteenth 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 all employees of the Company 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 'employees
who did not work during said 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 - United Steelworkers of America,
affiliated with the Congress of Industrial Organizations , for the pur-'
poses of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.