61 N.L.R.B. 578 (N.L.R.B. 1945)

Madison-Kipp Corp.

National Labor Relations Board - Board DecisionsApr 17, 1945

61 N.L.R.B. 578 (N.L.R.B. 1945)

In the Matter Of MADISON-KIPP CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L. Case No. 13-R-2833.-Decided April 17, 1945 Mr. Pierpont J. E. Wood, of Janesville, Wis., and Messrs. William J. P. Aberg, and Thomas E. Coleman, of Madison, Wis., for the Com- pany. Mr. A. M. Keeney, of Chicago, Ill., for the Union. Mr. Lowis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Madison-Kipp Corporation, Madison, Wisconsin, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before John R. ' Hill, Trial Ex- aminer. Said hearing was held at Madison, Wisconsin, on February 23, 1945. The Company and the Union appeared, participated, and were afforded full opportunity 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. 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 Madison-Kipp Corporation is a Wisconsin corporation engaged in the manufacture of machinery and tools and die casting at Madison, Wisconsin. During 1944 the Company purchased raw materials 61 N. L. R. B., No. 81. 578 MADISON-KIPP CORPORATION 579 valued at about $1,250,000, approximately 90 percent of which was shipped to it from points outside the State of Wisconsin. During the same period the Company' sold products valued at about $5,000,000, approximately 90 percent 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 International Association of Machinists is a labor organization 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 collec- tive 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 evi- dence 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 Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees at the Madison, Wisconsin, plant of the Company, including working foremen and repair and set-up men, but excluding office and clerical employees, errand girl, timekeepers, time-study men, engineers, drafts- men, guards, nurses, part-time employees, plant manager, production manager, assistant production manager, mechanical superintendent, general foreman, foremen, and assistant foremen, constitute a unit appropriate for the purposes of collective bargaining. There seems to be some question as to whether or not the working foremen should be included in the unit. The Company employs 7 persons classified as working foremen. They are paid on an hourly rate and spend a majority of their time performing the same type of work as the regular production em- ployees. The record discloses that they have the authority to recom- mend effectively the discipline, promotion, or transfer of their subordinates. Accordingly, we shall exclude them from the unit. 'The Field Examiner reported that the Union presented 269 application cards. There are approximately 723 employees in the appropriate unit. 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees at the Madi- son, Wisconsin, plant of the Company, including repair and set-up men, but excluding office and clerical employees, errand girl, time- keepers, time-study men, engineers, draftsmen, guards, nurses, part- time employees, plant manager, production manager, assistant produc- tion manager, mechanical superintendent, general foremen, foremen, assistant foremen, working foremen, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or oth- erwise 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 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. The Company requested at the hearing that provision be made for the voting of its employees in military service. With respect to the employees in the armed forces, it has been our customary practice to declare eligible only those who present themselves in person at the polls., In the Mine Safety Appliance Co. case,3 we reconsidered* fully our policy in that respect, and reaffirmed our previous finding that it is not administratively practicable to poll employees on military leave by mail. No further reason appears in the instant case to depart from our established policy. Our inability to poll all the employees on mil- itary leave, however, will not necessarily operate to give permanent status to a bargaining representative chosen in their absence. When it is demonstrated that service men have returned to their employment in sufficient numbers so that they comprise a substantial percentage of the employees in an appropriate unit in which we have certified a collective bargaining representative, a new petition for the investiga- tion and certification of a bargaining agent may be filed with the Board. In this manner employees in the armed forces who were un- able to cast a vote will be afforded an opportunity to affirm or change the bargaining agent selected in their absence. s See Matter of Wtilson & Co., Inc, 37 N L R B 944. a 55 N. L Ti. B. 1190. MADISON-KIPP CORPORATION DIRECTION OF ELECTION 581 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 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 represent- atives for the purposes of collective bargaining with Madison-Kipp Corporation , Madison, 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 em- ployees 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 International As- sociation of Machinists , A. F. of L., for the purposes of collective bar- gaining. CrrAIRa1AN MILLIS took no part in the consideration of the above Decision and Direction of Election.