Frank L. Wells Co.

National Labor Relations Board - Board Decisions

Jun 26, 1945

62 N.L.R.B. 917 (N.L.R.B. 1945)

In the Matter Of FRANK L. WELLS COMPANY and INTERNATIONAL Asso-
C14TION OF 1^^IACIIINISTS , LODGE No. 34, A. F. of L.
Case No. 13-R-2942.-Decided June 26, 1945
Mr. Gilbert E. Brach, of Racine, Wis ., for the Company.
Mr. A. M. Keency, of Chicago , Ill., for the Union
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Lodge No. 34, A. F. of L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of em-
ployees of Frank L. Wells Company, Kenosha, Wisconsin, herein called
the Company, the National Labor Relations Board, provided for an appro-
priate hearing upon due notice before Leon A. Rosell, Trial Examiner.
Said hearing was held at Kenosha, Wisconsin, on May 23, 1945. The Com-
pany and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Frank L. Wells Company is a Wisconsin corporation engaged at
Kenosha, Wisconsin , in the manufacture of wire working machinery. The
Company annually purchases raw materials valued in excess of $100,000,
over 50 percent of which is shipped to it from points outside the State of
Wisconsin . The Company annually produces products valued at about
62 N. L. R. B., No 114
917
918 DECIS10NS OF NATIONAL LABOR RELATIONS BOARD
$650,000, over 90 percent of which is shipped to points outside the State of
Wisconsin.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
It THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge No. 34, is a labor organi-
zation affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collective
bargaining representative of its employees until such time as the Union is
certified by the Board.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance withithe desires of the parties, that all production
and maintenance employees of the Company, excluding executives, stenog-
raphers, design engineer, superintendent, foremen, and any other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of col-
lective 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 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.
We find, in accordance with the desires of the parties, that the two regu-
lar part-time employees of the Company who work 20 hours per week are
eligible to vote in the election
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
1 The Field Examiner reported that the Union submitted 48 application cards There are approxi-
mately 50 employees in the appropriate unit
FRANK L. WELLS COMPANY 919
pursuant to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Frank L. Wells Company,
Kenosha, Wisconsin, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction 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, Sections 10 and 11, 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 imme-
diately preceding the date of this Direction, including employees who did
not work during the 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 and have not been re-
hired or reinstated prior to the date of the election, to determine whether
or not they desire to be represented by International Association of Machin-
ists. Lodge No. 34, A F. of L., for the purposes of collective bargaining
CHAIRMAN MILLIS took no part in the consideration of the above Deci-
sion and Direction of Election
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