Merkle-Korff Gear Co.

National Labor Relations Board - Board Decisions

Apr 1, 1942

40 N.L.R.B. 36 (N.L.R.B. 1942)

In'the'Matter of MERKLE-KORFF GEAR COMPANY and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. -R-3601.-Decided April .1, X1942
Jurisdiction : motorized reduction units manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition until certified by Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding office clerical, engineering, and sales employees, and super-
visory employees who work not more than 20 per cent of their time on
production.
Fyffe & Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. Ernest De Maio, of Chicago,, Ill., for the Union.
Mr. Harry H. Kusk'in, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February' 27, 1942, and March 4, 1942, United Electrical, Radio
& Machine Workers of America, affiliated with the Congress of In-
dustrial Organizations, herein called the Union, filed With the Re-
gional Director for the Thirteenth Region (Chicago, Illinois) a
petition and a first amended petition, respectively, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Merkle-Korff Gear Company, Chicago, Illinois,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
6, 1942, 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 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.
40 N. L. R B., No. 5
36
MERKLE-KORFF GEAR COMPANY 37
On March 6, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on March 11, 1942, at Chicago,
Illinois, before Russell Packard,,the Trial Examiner duly designated
by the Chief Trial Examiner. The Company was represented by
counsel, the Union by its representative, and both participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was af-
forded all parties. No motions and no objections to the admission
of evidence were made by either of the parties.
Upon the entire record in the case, the Board makes,the \following
FINDINGS OF FACT
I. THE BUSINESS OF THE-COMPANY
Abram Korff and J. E. Merkle, doing business as Merkle-Korff
Gear Company, are partners engaged in the manufacture and sale
of'gear boxes, gears, and motorized reduction units in Chicago, Illi-
nois.' The materials used in production are steel; iron -castings, die
castings, ball bearings, and copper. Approximately $15,000 worth,
or 15 percent, of these materials came from outside the State of Illi-
nois during 1941. Approximately $125,000 worth, or 25 percent, of
its finished products were shipped out of the State of Illinois during
the same period. The Company admits that it is engaged in com-
merce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United -Electrical, Radio- & Machine Workers of America, affili-
ated with the Congress of Industrial. Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 23, 1942, the Union requested recognition from the
Company as the exclusive bargaining representative 'of the Com-
pany's employees, and the Company refused to recognize the Union
until it was certified by the Board.
' The partnership is a successor to the Merkle-Korff Gear Company, an Illinois corpora-
tion, which was incorporated in 1915, did a similar business , and was dissolved on December
31, 1941. The partnership commenced operations on January 1, 1942
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement by the Trial Examiner at the hearing shows that the
Union,represents a substantial number of employees in the unit here-
inafter found to be appropriate.2
We find that a question has arisen' concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
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 Union contends that all production and maintenance em-
ployees 3 of the Company, excluding office clerical, engineering, sales,
and supervisory employees, constitute an appropriate unit, and de-
fines supervisory employees as including foremen and all other em-
ployees with supervisory duties who work not more than 20 percent
of the time on production. The Union's position in these respects
is not opposed by the Company. It is stipulated, however, that the
only supervisory employees in the Company's employ are its superin-
tendent and assistant superintendent, who work less than 20 percent
of the time on production, and three additional men 4 each of whom
works more than 20 percent of the time on production. These three
men have no power to hire or discharge. Accordingly, we shall ex-
clude the superintendent and assistant superintendent, and shall in-
elude the three named individuals in the unit.
We find that all production and maintenance employees of the
Company, excluding office clerical, engineering, and sales employees,
and supervisory employees who work not more than 20 percent of
the time on production, constitute a unit appropriate for the pur-
poses of collective bargaining and that such unit will insure to em-
2 The Trial Examiner reported that the Union submitted 94 membership cards dated in
February and March 1942, and 8 undated cards ; that all the cards had signatures which
appeared to be genuine and that the names on 93 of the 102 cards appeared on the
Company's pay roll of March 4, 1942. ' The pay roll contains the names of 155 employees.
3 The record shows that the following classifications of employees are regarded as part
of the production and maintenance unit; shipping , receiving, stockroom , inspection, and
toolroom employees , and all employees directly connected with production..
4 Fishback , Linn, and Lewandowski.
MERKLE-KORFF GEAR COMPANY / 39
ployees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and will otherwise effectuate the
policies of the Act.
VI. THE 1)ETEItMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that the employees of the Company in the appropriate unit
who were employed during the pay-roll period immediately pre-
ceding the dace of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction, shall be eligible
to vote.
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 Merkle-Korff Gear Company, Chicago,
Illinois, within the meaning of Section 9 (c)' and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
Chicago, Illinois, excluding office clerical, engineering, and sales
employees, and supervisory employees who work not more than 20
percent of the time on production, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations 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
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Merkle-Korff Gear Company, Chicago, Illinois, a co-
partnership composed of Abram Korff and J. E. Merkle, 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 Rela-
tions Board and subject to Article III, Section 9, of said Rules and
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regulations, among all production and maintenance employees of
the Company who were employed during the pay-roll period im-
mediately preceding the'date of this Direction, including employees
who did not work during such 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 office clerical,
engineering, and sales employees, supervisory employees who work
not more than 20 percent of the time on production, and employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by United Electrical; Radio &
Machine Workers of America, affiliated with, the Congress of Industrial
Organizations, for the purposes of collective bargaining.
r
I
In the Matter Of MERKLE-KORFF GEAR COMPANY and UNITED ELEC-
TRICAL , RADIO & MACHINE WORKERS OF AMERICA (C. I. 0.)
Case No. R-3621
CERTIFICATION OF REPRESENTATIVES
April ^?8, 194
On April 1, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above entitled proceeding."
Pursuant to the Direction of Election , an election by secret ballot was
conducted on April 14, 1942, under the direction and supervision of
the Acting Regional Director for the Thirteenth Region (Chicago,
Illinois ). On April 16, 1942, the Acting Regional Director , acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued an Election
Report, copies of which were duly served upon the parties. No
objections to the conduct of the ballot or to the Election Report have
been filed by any of the parties.
As to the balloting and the results thereof, the Acting Regional
Director reported as follows :
Number eligible------------------------------------------ 147'
Number of ballots cast----------------------------------- 148
Number of blank ballots---------------------------------- 0
Number of void ballots----------------------------------- 0
Number of ballots challenged (not opened) ---------------- 1
5Number,of valid ballots counted--------------------------- 147
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 148
Number of valid ballots necessary for majority------------- 75
Number of valid ballots cast for the union------------------ 115
Number of valid ballots cast against the union- --------------- 32
Since the challenged ballot cannot affect the result of the election,
we find it unnecessary to pass upon it. '
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
' 40 .N. L R. B-36.
40 N. L. R. B., No. 5a.
41,
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of National Labor Relations Board Rules and Regulations- Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Organ-
izations, has been designated and selected by a majority of all pro-
duction and maintenance employees of Merkle-Korf, , Gear Company,
Chicago, Illinois, excluding office clerical, engineering, and ' sales
employees, and supervisory employees who work not more than 20
percent of the time on production, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, United Electrical, Radio & Machine Workers of America,
affiliated with the Congress of Industrial Organizations, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
1