Peerless of America, Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1236 (N.L.R.B. 1943)

In the Matter of PEERLESS OF AMERICA, IN, c. and UNITED MINE WORKERS
OF AMERICA, DISTRICT 50, LOCAL 12648
Case No. R-5110.Decided April 14, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-'
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees, and guards; agreement
as to.
Mr. John 0. Campbell, of Marion, Ind., for the Company.
Mr. Joe Board, Mr. Elmer Whitman, and Mr. F.- V. Gasaway, of
Indianapolis, Ind., for the Union.
Mr. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mine Workers of America,
District 50, Local 12648, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Peerless of America, Inc., Marion, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frank Al. Kleiler, Trial
Examiner. Said hearing was held at Marion, Indiana, on April 2,
1943. 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.
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Peerless of America, Inc. is an Illinois corporation engaged in the
manufacture of army ordnance at Marion,' Indian a-. Approximately
48 N L R B, No 151
1236
PEERLESS OF AMERICA, INC. 1237
25 'percent of the raw materials used by the Company is=sliipped to it
from points outside the State of Indiana and approximately 25 percent
of its finished products is shipped to points outside the State of In-
diana. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Mine Workers of America , District 50, Local 12648,' is a
labor organization admitting to membership employees of the Com-
pany. .
III. THE QUESTION CONCERNING REPRESENTATION
On March 10, 1943, the Union requested the Company to recognize
it as the exclusive representative of its employees. The Company
refused this request 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 to be 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. TIIE APPROPRIATE UNIT
The Company and the Union agree, and we find, that all production
and maintenance employees at the Marion plant of the Company,
excluding supervisory and clerical employees, and guards, 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.
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 Relations Act,
'The Field Examiner reported that"the Union presented 435 authorization cards bear-
ing apparently genuine signatures of persons whose names appear on the March 6, 1943,
pay roll of the Company. There are approximately 791 persons in the appropriate unit.'
'1238 DECISIONS Of ' NATIONAL LABOR RELATIONS BOARD
and, pursuant to Article III, Section 9, of National Labor Relations'
Board Rule's 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 Peerless of Amer-
ica, Inc., Marion, Indiana,' an election by secret ballot shall be con-
diicted 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 'fo'r the National Labor Relations Board and subject to Article
III, Section' 10, of said Rules and Regulations, among the employees,
in the unit found appropriate in Section IV, above, who were em-
ployed 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 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, to determine
whether or not they desire,to be represented by United Mine Workers
of America, District 50, Local 12648, for the purpose's of collective
bargaining. _