Reeves Pulley Co.

National Labor Relations Board - Board Decisions

Aug 19, 1942

43 N.L.R.B. 372 (N.L.R.B. 1942)

In the Matter of REEVES PULLEY COMPANY and TRANSMISSION
WORKERS & MACHINISTS UNION
Case No. R-4060.Decided August 19, 194
Jurisdiction : Speed-control device manufacturing industry.
Investigation and Certification of Representative 's: existence of question: re-
fusal to accord petitioner recognition until certified by the Board,; election
necessary.
Unit Appropriate for Collective Bargaining : all tool makers, machinists, and
specialists, their apprentices and helpers, employed in specified departments,
,excluding 'employees in the pattern-makers' department, supervisory and
'clerical employees, confidential employees, time-study men, and persons having
the right to hire or discharge employees ; stipulation as to.
Mr. Edwin G. Crouch, of Columbus, Ind., for the Company.
Mr. Donald P. Shinn, of Columbus, Ind.,' for the Independent.
Mr. W. H. Winke and Mr. Lo'uis'C. Schwartz, of Indianapolis, Ind.,
and Mr. Edward Stuckey, of Columbus, Ind., for the I. A. M.
Mr.'Louis Cokin, of counsel,to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended 'petition duly filed by, Transmission
Workers 4- Machinists Union, herein called the Independent; alleg-
ing, that a question affecting commerce had arisen concerning the
representation of, employees of Reeves Pulley Company, Columbus,
Indiana, !herein called the Company, the National Laboi Relations
Board provided for an appropriate hearing upon due notice, before
Arthur R.• Donovan, Trial Examiner. Said hearing was held at,
Columbus, Indiana, on July 21, 1942. The Company, the Independ-
ent, and International Association of Machinists, Lodge 1466, herein
called the I. A. M.; 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.
43 N. L. R. B.., No. 61.
_ ^ 372
REEVES PULLEY COMPANY 373.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
Reeves Pulley Company is an Indiana corporation with its prin-
cipal place of business at Columbus, Indiana, where it is engaged'in
the manufacture, sale, and distribution of variable speed-control de-
vices. During 1941-the Company purchased raw materials valued at
about $1,000,000, approximately 75 percent of which was shipped to
it from outside Indiana. During the same period the Company sold
products valued at about $3,000,000, approximately 90 percent of
which was shipped out of Indiana. The Company admits that it is
engaged in commerce within the meaning of the, National Labor
Relations Act. I -
II. THE ORGANIZATIONS INVOLVED
Transmission Workers & Machinists Union is an unaffiliated labor
organization, admitting to membership employees of the Company.
International Association of Machinists, Lodge 1466, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 20, 1942, the Independent requested the Company to recog-
nize it as the exclusive representative of certain of the Company's
employees. The Company refused this request until such time as
the Board determines the bargaining agent or agents of the Com-
pany's employees. -
On July 15, 1940, and July 16, 1941, the Company and the I. A. M.
entered into exclusive contracts covering the employees involved
herein. On July 3, 1942, the Company and the I. A. M. entered into
an exclusive contract which provides that it shall remain in effect
only until such time as some other union is certified by the Board.
None of the parties contends that any of these contracts constitutes
a bar to a present determination of representatives.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Independent represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
' The Regional Director reported that the Independent presented an authorization peti-
tion bearing the apparently genuine signatures of 119 persons whose names appear.on the
Company's pay roll of June 4, 1942. There are 212 persons on that pay roll. The I. A. M.
did not introduce any evidence of membership but relies upon its contracts with the Com-
pany as sufficient showing of its interest in this proceeding.
374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing•of,Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of,the parties,' that all
tool makers, machinists, and specialists, their apjVentices and helpers,
of the Company employed in Departments A, B. C, D, E, F, G', M,
and P under the pay-roll classification set forth in Appendix A,
including William Ott, but excluding employees in the pattern-
makers' department, supervisory and clerical employees, confidential
employees, time-study men, and persons having the right to hire
or discharge employees, 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 shall direct that the question concerning representation which
has arisen be resolved by 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.
b
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, 49 Stat. 449, 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 Reeves Pulley
Company, 'Columbus, Indiana, 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 Eleventh 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 of the Company in the unit found appropriate in the
Section IV, above, who were employed during the pay-roll period
-' This is the same unit provided for in the contracts between the I A M. and the Com-
pany and the same as that found by the Board to be appropimte in a prior proceeding
involving the Company, 22 N L. R B. 768 ' _
ti REEVES PULLEY COMPANY 375
immediately preceding the date of this Direction, including any such
employees,who did not working during said pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the .United States; or 'ternporarily laid off, but excluding any
who have since quit or been discharged for cause, to, determine
whether'they desire to be represented by Transmission Workers &
Machinists Union, or by International Association of Machinists,
Lodge 1466, affiliated- with the American Federation of Labor, for
the purposes of, collective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election. -
APPENDIX A
Bench Hand and Drill Press* Operator.
Assembler of Vari-Speed, Motor Pulleys.
Machinist, operates Lathe.
Assembler of Vari-Speed Motor Pulleys and painter.
Machinist, operates Drill Press.
Machinist, operates Lathe and Drill Press.
Machinist, operates Drill Press, Milling Machine, and Lathe.
Assembler of Vari-Speed Motor Pullers, and Inspector.
Machinist, operates Milling Machine.
Machinist, -operates Turret Lathe. -
Machinist,' operates Grinder.
Machinist, operates Turret Lathe,' also Drill Press.
Machinist, operates Boring Mill.
Machinist, operates Milling Machine and Boring Mill.
Machinist, operates Milling Machine and Lathe.
Machinist, operates Broach and Drill Press.
Machinist, operates Lathe and Grinder.
Machinist, operates Drill Press and Milling Machine.
Machinist, operates Punch Press.
Machinist, operates Gun Drill.
Machinist, operates Cut-off Saw.
Assembler of Motodrive Parts.
Assembler of Motodrives.
Tester of Motodrives.
Assembler of Motodrive Reducers.
Inspector of Motodrive Parts.
Assembler of Motodrives and Spinning Frames.,
Assembler of Transmissions and Key Fitter.
Painter.
Tester of Transmissions.,
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Painter; and Assembler of Transmission Parts.
Key Fitter. -
Assembler of Transmission Parts and Controls.
Assembler of Transmissions.
Assembler of Transmission Parts.
Painter;' and Balances Transmission Discs.
Tool' Grinder.'
Inspector.
Inspector of Transmission Parts.
Inspector of Repair Parts.
Tool Maker.
T