Mojonnier Brothers Co.

National Labor Relations Board - Board Decisions

May 30, 1942

41 N.L.R.B. 557 (N.L.R.B. 1942)

In the Matter Of MOJONNIER BROTHERS COMPANY and UNITED AUTO-
MOBILE WORKERS , A. F. OF, L.
Case No. R-3814.-Decided May 30, 1942
Jurisdiction : dairy machinery manufacturing industry. '
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition, election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding watchmen, guards, draftsmen, salesmen, superintendents
of erection, supervisory and office employees, truck drivers; agreement as to;
working foremen excluded over objection of Company.
Mr. Victor M. Langsett, of Chicago, Ill., for the Company.
Mr. Anthony Doria, of Chicago, Ill., for the Union.
Mr. Louis Coking, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automoble Workers, A. F.
of L., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of -employees, of
Mojonnier Brothers Company, Chicago, Illinois, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert T. Drake, Trial
Examiner. Said hearing was held at Chicago, Illinois, on May 7,
1942. The Company and the Union appeared , and participated.'
All parties 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.
I Chicago Local #62, United Brotherhood of Welders, Cutters and Helpers, although;
served with notice, did not appear
41 N. L. R. B., No. 109.
557
558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mojonnier Brothers Company is an Illinois corporation with its
principal place of business at Chicago, Illinois, where it is engaged
in the manufacture and sale of dairy and other food trades machinery.
During 1941 the Company purchased -raw materials valued at about
$898,000, approximately 53 percent of which was shipped to it from
outside Illinois. During the same period the Company sold finished
products valued at about $2,400,000, approximately 79 percent of
which was shipped out of Illinois.
II. THE ORGANIZATION INVOLVED
United Automobile Workers, affiliated with the American Federa-
tion of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 23, 1942, the Union requested the Company to grant it
exclusive recognition. The Company denied this request.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
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 Union and Company agree that all production and mainte-
nance employees of the Company, excluding watchmen, guards, drafts-
men, salesmen, superintendents of erection, supervisory and office
employees, and truck drivers, may properly constitute an appropriate
unit. In addition, the Company asks' that working foremen be
included in the unit.
The Company employs 16 persons designated by it as working
foremen. The are paid on a monthly basis in contrast to the other
employees who are paid on an hourly rate and they have the authority
to hire and discharge other employees. We shall exclude`the working
foremen from the unit.
2 The Regional Director reported that the Union presented 295 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on
the Company 's pay roll of April 29, 1942. There are 411 employees on that pay roll.
IvXOJONNIER BROTHERS COMPANY 559
We find that all production and maintenance employees of the Com-
pany, excluding watchmen, guards, draftsmen, salesmen, superin-
tendents of erection, supervisory and office employees, truck drivers,
and working foremen, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The Union
urges that a pay roll for any period in May 1942 be used to determine
eligibility to vote. The Company contends that the pay roll for
the period immediately preceding the date of the election should be
used for that purpose. In accordance with our usual practice, we
shall direct that employees of the Company eligible to vote in the
election shall be those 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.
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 Mojonnier
Brothers Company, Chicago, 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 super-
vision 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, Section 9, 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 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 United Automobile Workers; affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
In the Matter of MOJONNIER BROTHERS COMPANY and UNITED AUTO-
MOBILE WORKERS, A. F. OF L.
Case No. R-3814
CERTIFICATION OF REPRESENTATIVES
June 23, 1942
On May 30, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on June 8, 1942, under the direction and supervision of the
Regional Director for the Thirteenth Region (Chicago, Illinois).
On June 10, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued and duly served upon the
parties an Election' Report on the ballot. No objections to the con-_
duct of the ballot or the Election Report have been filed by any of
the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Number eligible-------------------------------------------- 385
Number of ballots cast____________________________________ 277
Number o f' blank ballots___1
Numtier of void ballots0
Number of-ballots challenged (not opened) ----------------- 43
Number of valid ballots counted___________________________ 233
Number of valid ballots counted plus unopened challenged
ballots------------------------------------------------- 276
Number of valid ballots necessary for majority_____________ 139
Number of valid ballots cast for the Union_________________ 204
Number of valid ballots cast against the Union_____________ 29
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,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Automobile Workers, affiliated
with the American Federation of Labor, has been designated and
i 41 N . L. R B. 557.
41 N. L. R. B, No. 109a.
560
MOJONNIER BROTHERS COMPANY 561
selected by a majority of all production and maintenance employees
of Mojonnier Brothers Company, Chicago, Illinois, excluding
watchmen, guards, draftsnmen, salesmen, superintendents of erection,
supervisory and office employees, truck drivers, and working fore-
men, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, United Automobile
Workers, affiliated with the American Federation of Labor, 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.
463892-42-vol. 41-36