Hayssen Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 17, 1944

59 N.L.R.B. 336 (N.L.R.B. 1944)

In the Matter of HAYSSEN MANUFACTURING COMPANY and UNITED-
FARM EQUIPMENT AND METAL, WORKERS OF AMERICA, C. I. O.
Case No. 13-R-40658.-Decided November 17,19.44.
Bucher, Currie, Federer & Grote,'by Mr. George R. Currie, of She-
boygan, Wis., for the Company.
Mr. Charles H. Coburn, Jr., of Sheboygan, Wis., 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 United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Hayssen Manufacturing Company, Sheboygan, Wis-
consin, herein called the Company, the national Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
Drake, Trial Examiner. Said hearing was held at Sheboygan, Wis-
consin, on October 30, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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. 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
Hayssen Manufacturing Company is a partnership operating a plant
at Sheboygan, Wisconsin, where it is engaged in the manufacture of
bread wrapping and slicing machinery and war materials. During
1943 the Company purchased raw materials valued in excess of
$250,000, 75 percent of which was shipped to it from points outside the
59 N. L. R. B., No. 72.
336 -
HAYSSEN MANUFACTURING COMPANY 337
State of Wisconsin. During the same period the Company sold-prod-
ucts valued in excess of $50,000, over $50,000 worth of which was
shipped to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America is a labor
organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 7, 1944, the Union requested the Company to recog-
nize it as exclusive bargaining representative of the Company's
employees. The Company refused this request 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 sub-
stantial number of employees in the unit hereinafter found to be.
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 Act.
IV. THE APPROPRIATE UNIT
We find , in agreement with a stipulation of the parties , that all
production, and maintenance employees of the Company, including
inspectors , but excluding office and clerical employees, road service
employees , the plant engineer , plant superintendent , and any other
supervisory employees with authority to hire, promote , discharge,
discipline , or otherwise effect changes in the status of employees, or
effectively recommend such action, 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 means of an election by secret ballot
among the employees in the appropriate unit who were employed
'The Field Examiner reported that the Union presented 37 authorization cards. There
are approximately 75 employees in the appropriate unit.
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor RelatiQns Board by Section 9 (c) of the National Labor Re-
lations Act, and 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 representa-
tives for the purposes of collective bargaining with Hayssen Manu-
facturing Company, Sheboygan, 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 Direction, 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
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 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 rehired or reinstated prior
to the date of the election, to determine whether or not they desire
to be represented by United Farm Equipment and Metal Workers of
America, C. I. 0., for the purposes of collective bargaining.