Kol-Master Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1948

75 N.L.R.B. 1229 (N.L.R.B. 1948)

In the Matter of KOL-MASTER CORPORATION, EMPLOYER, and INTERNA-
TIONAL ASSOCIATION Ot MACHINISTS, DISTRICT-101, PETITIONER
Case No. 13-R-4,326.-Decided February /., 1948
Mr. J. G. W. Fearer, of Oregon, Ill., for the Employer.
Mr. P. L. Siemiller, of Chicago, Ill., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Oregon,
Illinois, on November 7, 1947, before Max Rotenberg, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated
its powers in connection with this case to a three-man panel consisting
of the understigned Board members,* who, upon the entire record
in the case, make the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Kol-Master Corporation, an Illinois corporation, is engaged in the
manufacture and sale of coal stokers at Oregon, Illinois. During the
first 6 months of 1947, it purchased raw materials and goods valued
at approximately $56,000, of which about 80 percent came from points
outside the State of Illinois. During the same period its sales were
valued at approximately $62,000, about 80 percent of which was
shipped to points outside the State.
We find that the Employer is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is an unaffiliated labor organization claiming to
represent employees of the Employer.
*Houston , Reynolds , and Gray.
75 N. L. R. B., No. 142.
1229
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that the production and maintenance employees
at the Employer's Oregon, Illinois, plant, excluding office and clerical
employees and supervisors, constitute an appropriate unit. They
disagree, however, as to the status of one employee, identified on the
record as "electrical worker," whom the Petitioner would include, and
the Employer would exclude from the unit.
The electrical worker assembles and wires electrical equipment that
goes into the Employer's product. He is governer by the same employ-
ment policies and rules as are all other production and maintenance
employees with respect to wages, hours, and conditions of employ-
ment, except that he works under the direct supervision of the Em-
ployer's president. The other production and maintenance employees
work under the direct supervision of the superintendent, who reports
to the president. It is clear that the interests of the electrical worker
are closely related to those of other production and maintenance em-
ployees in the unit. We do not regard difference in supervision per se
a basis for exclusion. Accordingly, in the absence of any cogent reason
for his exclusion, we shall include the electrical worker in the unit.
We find that all production and maintenance employees at the
Employer's Oregon, Illinois, plant, including the electrical worker, but
excluding office and clerical employees.and all supervisors, constitute a
unit appropriate for.the purposes of collective bargaining within the
meaning of section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Kol-Master Corporation, Oregon,
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, under the direction and supervision of the Regional Direc-
tor for the Thirteenth Region, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
KOL-MASTER CORPORATION 1231
Series 5, 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, but excluding those employees who have since
quit or been discharged for "cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether- or not
they desire to be represented by International Association of
Machinists, District-101, for the purposes of collective bargaining.