French & Hecht, Inc.

National Labor Relations Board - Board Decisions

Jun 20, 1941

32 N.L.R.B. 923 (N.L.R.B. 1941)

In the Matter of FRENCH & HECHT, INC. and FARM EQUIPMENT
WORKERS ORGANIZING COMMITTEE, LOCAL # 123, AFFILIATED WITH
THE C. I. 0.
Case No. B-2570.-Decided June 20, 1941
Jurisdiction : agricultural equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question:
parties stipulated that Company refused to recognize the union until it has
been certified by the-Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding foremen, non-working assistant foremen, supervisory em-
ployees, office and clerical employees, timekeepers, watchmen, and apprentices ;
stipulation as to.
Lane and Waterman, by Mr. W tyne G. Cook, of Davenport, Iowa,
for the Company.
Meyers and Meyers, by Mr. Irving Meyers, of Chicago, Ill., for the
Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 3, 1941, the Farm Equipment Workers Organizing Com-
mittee, Local #123, affiliated with the C. I. 0.,1 herein called the
Union, filed a petition with the Regional Director for the Eighteenth
Region (Minneapolis, Minnesota) alleging that a question affecting
commerce had arisen concerning the representation of employees of
French & Hecht, Inc.,2 Davenport, Iowa, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On May 9,1941, the National
Labor Relations Board herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National
1 Erroneously designated in the petition at "Farm Equipment Workers Organizing Com-
mittee, affiliated with the C. I. 0."
2 Erroneously designated in the petition as "French & Hecht."
32 N. L. R. B., No. 149.
923
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
On May 12, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union
and also upon Metal Wheel Workers Association. Pursuant to
notice, a hearing was held on May 19, 1941, at Davenport, Iowa,
before Guy Farmer, the Trial-Examiner duly designated by the
Chief Trial Examiner. The Company and the Union were repre-
sented by counsel and participated in, the hearing. Metal Wheel
Workers Association did not appear. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course of
the hearing the Trial Examiner made several rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case,, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
French & Hecht, Inc., is an Iowa corporation having its office
and principal place of business at Davenport, Iowa, and a branch 3
at Springfield, Ohio. Only the Davenport, Iowa, plant, is involved
in the present case.
At its place of business in Davenport, the Company operates a
foundry, machine shop, and wheel manufacturing plant for the maiiu-
facture and distribution of metal wheels for agricultural imple-
ments, tractors, road machinery, and other products. During 1940
the Company purchased and used raw materials to the approximate
value of $800,000. More than 95 per cent of such raw materials were
purchased outside the State of Iowa and shipped to the plant at
Davenport. During the same period the Company sold finished
products to the value of approximately $1,600,000: More than 95
per cent of such products were sold to purchasers outside the State of
Iowa and transported beyond the boundaries of the State. - ' -
II. THE ORGANIZATION INVOLVED
Farm Equipment Workers Organizing Committee, Local #123, is
a labor organization affiliated with the Congress of Industrial
Organization, admitting to member hip employees of the Company.
a Presumably a factory . The record does not disclose its character.
-FRENCH & HECHT, INC. 925
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated that on March 28, 1941,
the Union demanded recognition as the sole bargaining agent for all
production and maintenance employees in the plant, but that the
Company refused such recognition until the Union had been cer-
tified as the statutory, representative of such employees by the Board.
A report of the Regional Director introduced into evidence at the
hearing shows that the Union represents a substantial number of
employees in the alleged appropriate unit.'
We find that a question has arisen concerning the representation of
employees of the Company.
1V. THE EFFECT OF THE QUESTION CONCERNING RI'PRESENTATION UPON
COMMERCE
We find that the, question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union stipulated, and we find, that all pro-
duction and maintenance employees at the Davenport plant of the
Company, excluding foremen, non-working assistant foremen, super-
visory employees,,office and clerical employees, timekeepers, watchmen,
and apprentices constitute a unit appropriate for the purposes of
collective bargaining. We find further that said unit will insure to
the 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The Company and the Union requested that
4 The Regional Director reported that 189 membership cards in the Union were submitted
to him, all bearing apparently genuine original signatures, 186 of which indicated on their
face that the signer is employed by the Company One hundred seven of the membership
cards were dated after January 1, 1941, and 82 'e ere undated There are approximately 330
employees in the alleged appropriate unit. Metal Wheel Workers Association submitted no
evidence of its representation among employees of the Company.
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the pay roll of May 21, 1941, be used to determine eligibility to
vote in such election. We shall give effect to the desires of the
parties and direct that those employees in the appropriate unit em-
ployed by the Company, during the pay-roll period ending May 21,
1941, shall be entitled to vote in the election, subject to such modifi-
cations as may appear in the Direction of Election hereinafter.
The Union requested that it be designated on the ballot as follows :
"Farm Equipment Workers Organizing Committee, Local No. 123,
affiliated with the C. I. 0." The request is granted.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
` CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of French & Hecht, Inc., Davenport, Iowa,
within the meaning of Section 9 '(c) and Section 2 (6) and (7) of
the Act.
2. All production and maintenance employees at the Davenport,
Iowa, plant, of the Company, excluding foremen, non-working assist-
ant foremen, supervisory employees, office and clerical employees,
timekeepers, watchmen, and apprentices; constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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
DIREOTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with French & Hecht, Inc., Davenport, 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 of Election, under the di-
rection and supervision of the Regional Director for theI Eighteenth
Region, acting in, this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
French & Hecht, Inc., Davenport, Iowa, who were employed during
the pay-roll period ending May 21, 1941, including employees who
did not work during said pay-roll period because they, were ill or on
FRENCH & HECHT, ,INC. 927
vacation or in the active military service or training of the Unitect
States, or temporarily laid off, but excluding foremen, non-working
assistant foremen, supervisory employees, office and clerical em-
ployees, timekeepers, watchmen,' and apprentices, and employees who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented for the purposes of collective bar-
gaining by Farm Equipment Workers Organizing Committee, Local
No. 123, affiliated with the C. I. O.