Parris-Dunn Associates

National Labor Relations Board - Board Decisions

Jul 9, 1946

69 N.L.R.B. 306 (N.L.R.B. 1946)

In the Matter of C. L. PARRIS, W. G. DuNN, AND H. E. D AVIDSON, Co-
PARTNERS, DOING BUSINESS AS PARRIS-DLTNN ASSOCIATES and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 1300
Case No. 18-R 1493.Decided July 9, 1946
Swarr, May , Royce , Smith KPe Storey, by Messrs . A. E. Royce and
Edison Smith , of Omaha, Nebr ., and Mr . W. G. Dunn, of Clarinda,
Iowa, for the Company.
Messrs. James Ashe , of St. Paul , Minn., and Joseph L. Dreier, of
Omaha, Nebr ., for the Union.
Mr. Arthur Christopher , Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, Lodge No. 1300, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of C. L. Parris, W. G. Dunn, and H. E. Davidson, Co.
partners, doing business as Parris-Dunn Associates, Clarinda, Iowa,
herein called the Company, the National Labor Relations Board on
April 16, 1946, conducted a prehearing election pursuant to Article
III, Section 3,1 of the Board's Rules and Regulations, among employ-
ees of the Company in the alleged appropriate unit, to determine
whether or not they desired to be represented by the Union for the
purposes of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 62 eligible
voters and that 57 of these eligible voters cast ballots, of which 48
were for the Union, 2 were against the Union, and 7 were challenged.
1 By amendment of November 27, 1945, this Section of the Rules now permits the con-
duct of a secret ballot of employees prior to hearing in cases which present no substantial
issues.
69 N L R. B., No. 38.
306
PARRIS-DUNN ASSOCIATES 307
Thereafter, pursuant to Article III, Section 10,2 of the Rules and
Regulations, the Board provided for an appropriate hearing upon due
notice before Stephen M. Reynolds, Trial Examiner. The Bearing
was held at Clarinda, Iowa, on May 3, 1946. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity 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
C. L. Parris, W. G. Dunn, and H. E. Davidson, Co-partners, doing
business as Parris-Dunn Associates, are engaged in the manufacture
of toy guns at their plant in Clarinda, Iowa. The Company annually
purchases raw materials valued in excess of $50,000, approximately
all of which represents shipments to its plant from sources outside
the State of Iowa. Its annual sales of finished products exceed $100,-
000 in value, approximately 95 percent of which represents sales and
shipments to customers outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge No. 1300, is an
unaffiliated labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the collective
bargaining representative of its employees in the alleged appropri-
ate unit.
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.
2 As amended November 27, 1945, this Section provides that in instances of prehearing
elections, all issues , including issues with respect to the conduct of the election or conduct
affecting the election results and issues raised by challenged ballots, shall be heard at the
subsequent hearing.
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees of the Company, including tool and die makers, and working
foremen, but excluding clerical employees and all supervisory em-
ployees 3 The sole disagreement between the parties relates to the
working foremen, whom the Company would exclude from the unit
on the ground that they are supervisory employees within the Board's
customary definition of that term.
This disagreement was reflected at the election in the seven ballots
which were challenged by the Company. However, inasmuch as the
Company at the hearing withdrew its challenges to the ballots of
Kenneth Gray, John Nichols, and Laysure Lewis, admitting that these
were production and maintenance employees and eligible to partici-
pate in the election, there remains for disposition only the challenged
ballots of Clarence Blake, Sam Kaserman, James Akes, and Glade
Hale.
These 4 working foremen are assigned to the mill work, produc-
tion line, small assembly, and paint departments, respectively. Each
one, in addition to spending a substantial portion of his time in
manual work, oversees the work of from 7 to 14 employees, allocat-
ing work to them and arranging for transfer within the department
when necessary. The working foremen also have the power effectively
to recommend changes in the status of their subordinates. Accord-
ingly, we find that Clarence Blake, Sam Kaserman, James Akes, and
Glade Hale are supervisory employees within our customary defini-
tion of that term and we shall exclude them from the unit.
We find that all production and maintenance employees of the
Company, including tool and die makers but excluding clerical em-
ployees, working foremen,4 and all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held previous to the hearing show that
the Union has secured a majority of the valid votes cast and that the
challenged ballots are insufficient in number to affect the results of
the election. Under these circumstances, we shall not direct that any
of the challenged ballots be opened and counted but instead, we shall
The election was held among employees in this alleged appropriate unit.
4 Employees Kenneth Gray, John Nichols, and Laysure Lewis are not included within
this category.
PARRIS-DUNN ASSOCIATES 309
certify the Union as the collective bargaining representative of the
employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Lodge No, 1300, has been designated and selected by a majority
of all production and maintenance employees of C. L. Parris, W. G.
Dunn, and H. E. Davidson, Co-partners doing business as Parris-
Dunn Associates, Clarinda, Iowa, including tool and die makers, but
excluding clerical employees, working foremen, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
the said organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Certification of Representatives.