Gardner-Denver Co.

National Labor Relations Board - Board Decisions

Oct 14, 1942

44 N.L.R.B. 1192 (N.L.R.B. 1942)

III the Matter of GARDNER-DENVER COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE 822, A. F. OF L.
Case,No. R-4315.-Decided October 14, 19.40
Jurisdiction : pump and compressor manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, including testers, truckers, craters and
packers, shipping clerks, and stockroom, painting, and inspecting employees,
but excluding office and supervisory employees, non-working foremen, sales-
men, production. and maintenance foundry employees, watchmen, and guards.
Lancaster and Nichols, by Mr. W. Emery Lancaster, of Quincy, Ill.,
for the Company.
Mr. J. T. Farr, of Springfield, Ill., for the Union.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Lodge 822, affiliated with the American Federation of Labor, herein
called the Union, alleging that a question -affecting commerce had
arisen concerning the representation of employees of Gardner-Denver
Company, Quincy, Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before William W. Ward, Trial Examiner. Said hearing
was held at Quincy, Illinois, on September 23, 1942. The Company
and the Union appeared, participated, and were afforded full op-
portunity 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:
44 N. L. K. B., No. 227.
1192
GARDNER-DENVER COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1193 -
Gardner-Denver Company is a Delaware corporation having its
principal office in Quincy, Illinois. The Company operates two
plants, one located in Denver, Colorado, and one in Quincy, Illinois.
Only the plant at Quincy, Illinois, is involved in the instant pro-
ceeding. The Company is engaged in the manufacture, sale, and
distribution of engines, drills, air compressors, motors and ma-
chinery. At present its operations are devoted to the production
of pumps and compressors for the United States Government. Ap-
proximately 75 percent of the Company's raw materials is .shipped
to it from States other than Illinois. The sales of the Quincy plant
are approximately $600,000 per month, of which about 75 percent
represents sales to points outside the State of Illinois. ,
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge 822, is a labor. or-
ganization affiliated with the American Federation of Labor. It
admits to membership employees of the Company.
III. THE-QUESTION CONCERNING REPRESENTATION'
In August 1942, the Union advised the Company that it repre-
sented approximately 70 percent of its employees and requested the
Company to recognize the Union as bargaining agent for its em-
ployees. The Company refused to recognize the Union unless and
until the Union had been certified by the Board.
A report 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.,
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 parties agreed that,the appropriate unit should comprise all
production and maintenance employees, including truckers, craters
1 The Regional Director reports that of the 450 cards submitted to him by the Union, 447
bear apparently genuine signatures ; that the signatures on 413 of the 450 cards are signa-
tures of persons appearing on the Company's pay roll of August 8, 1942 ; that all but 18
cards bear dates between July 29 and August 18, 1942 ; that the 18 cards are undated ;
that 3 cards are duplicates ; and that there are 878 employees within the alleged appropriate
unit.
1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and packers, shipping clerks, and stockroom, painting and inspecting
employees, but excluding office and supervisory employees, non-
working foremen, salesmen, production and maintenance foundry
employees, and watchmen and guards.
The sole issue as to the unit concerns a class of employees known
as testers, whom the Union wishes to include, find the Company to
exclude. There are approximately 21 testers employed by the Com-
pany., Their duties consist of testing all the completed 'machinery
with instruments and tools designed to register the performance of
such machinery. Inspectors, whom both the Company and the Union
would include in the unit, examine the various parts of the
machinery while they are being produced and while they are on the
production line. The testers work off to the side but in,the same
part of the plant has the production employees. They are paid on
an hourly rate, as are the production and maintenance employees.
The Union contends that the testers should be included because
they work with tools, their work is a vital part of the entire process
of production, and, like the production and maintenance employees
generally, they must be mechanics. The Company contends that the
testers represent the Company in the testing of the work, as it is
their responsibility to see that no defective equipment leaves the
plant. As such; the Company argues, they are in a supervisory,ca-
pacity in relation to the other employees and, if included within the
unit, they would fail to exercise severe and rigid judgment, when
necessary, upon the work of their fellows. It is entirely clear how-
ever that, while these employees test and report upon the condition
of the finished product, .they are a vital part of the entire process
of production and do not exercise supervisory functions over those
whose work they handle. We shall consequently include them .in the
appropriate unit.
We find that all production and maintenance employees, including
testers, truckers, craters and packers, shipping clerks, and stockroom,
painting, and inspecting employees, but excluding office and super-
visory employees,2 non-working foremen, salesmen, production and
maintenance foundry employees, and watchmen and guards, consti-
tute 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-
2 We find, and the parties agreed, that the following inspectors should be excluded as
supervisory : John B. Hanfaud, John Engler, Benjamin W Gronert, Paul Tushaus, and
Lawrence Schurfeld.
GARDNER-DENVER COMPANY 1195
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of J he 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 Rela-
tions 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 Gardner-Denver
Company, Quincy, Illinois, an election by secret ballot shall be con-
ducted 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 Fourteenth 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 em-
ployees in the unit found appropriate in Section IV, above, who were
employed at the Gardner-Denver Company, Quincy, Illinois, during
the pay-roll period immediately preceding the date of this Direction,
including any such 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 Interna-
tional Association of Machinists, Lodge 822, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining.
MR. Wnr. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.