Rehnberg-Jacobson Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 230 (N.L.R.B. 1946)

In the Matter of REHNBERG-JACOBSON MFG. CO., INC. and CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. 13-B-32411.-Decided January 7,1946
Mr. Axel Rehnberg, of Rockford, Ill., for the Company.
Mr. John W. Hindmzarsh, of Riverton, Ill., for the C. I. O.
Mr. E. J. Reid, of Chicago, Ill., and Messrs. F. J. Morris and B. C.
Bailey, of Rockford, Ill., for the I. A. M.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Congress of Industrial Organizations,
herein called the C. I. 0., alleging that a question affecting commerce
had arisen concerning the representation of employees of Rehnberg-
Jacobson Mfg. Co., Inc., Rockford, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John R. Hill, Trial Examiner.
The hearing was held at Rockford, Illinois, on October 5, 1945. At
the hearing, the Trial Examiner granted a motion to intervene made by
International Association of Machinists, District Lodge No. 101, herein
called the I. A. M. The Company, the C. I. 0., and the I. A. M. ap-
peared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 an 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
Rehnberg-Jacobson Mfg. Co., an Illinois corporation, is engaged
in the designing and manufacturing of special machinery. Its prin-
65 N. L. R. B., No. 47.
230 '
REHNBERG -JACOBSON MFG. CO., INC. 231
cipal plant, located at Rockford, Illinois, is involved in this proceeding.
During the year 1944, the Company used raw materials consisting
principally of steel, bronze , and aluminum, valued in excess of $100,000,
all of which was shipped to the Company's plant from points within
the State of Illinois. During the same period, the Company manu-
factured finished products valued at approximateley $500,000, of which
approximately 85 percent was shipped to points outside the State of
Illinois.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
11. TI IE, 01i01NIZATIONS INVOLVED
Congress of Industrial Organizations is a labor organization ad-
mitting to membership employees of the Company.
International Association of Machinists, District Lodge No. 101, is
a labor organization admitting to membership employees of the
Company.
Iii. TIIE QUESTION CONCERNING REPRESENTATION
On October 1, 1943, the Company and the I. A. M. entered into a
collective bargaining contract covering the Company's production and
maintenance employees. The contract provided that it was to be in
effect for a period of 1 year, and that it was to be automatically re-
newed from year to year thereafter unless either party gave thirty
(30) days' written notice of it, desire to amend the contract. On Au-
gust 27, 1945, the C. I. O. notified the Company that it represented
a majority of its employees and requested the Company not to nego-
tiate or renew any contract covering these employees until the dispute
as to their representation was settled by an election conducted by this
Board. The Company made no reply. On August 31,1945, the C. 1. 0.
filed the petition herein. * At the hearing, the Company stated that it
refuses to recognize the C. I. O. as the representative of its employees
because of the Company's contract with the I. A. M. The I. A. M.
contends that that contract constitutes a bar to a present determina-
tion of representatives. Inasmuch as the C. I. O.'s representation
claim was presented to the Company prior to the operative date of
the automatic renewal provision of the contract, we find that the
contract is not a bar to the present proceeding.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate?
' The Field Examiner reported that the C I 0 submitted 39 application cards , and that
the cards were dated in August 1945 There are approximately 60 employees in the unit
alleged by the C I. 0 to be appropriate.
232 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees at the Company's
Rockford, Illinois, plant, including working foremen,2 watchmen, and
truck drivers, but excluding office and clerical employees, the office
janitress, the employees in the engineering and sales departments, the
production superintendent, machining superintendent, assistant pro-
duction superintendent, and any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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, and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rehnberg-Jacobson
Mfg. Co., Inc., Rockford, Illinois, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) 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 Relations Board, and subject to Article
III, Sections 10 and 11, 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 employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid off,
2 The I A M. relies upon its contract as evidence of its interest . The parties agree,
and the evidence indicates that the working foremen do not possess supervisory authority
within the meaning of our customary definition.
REHNBERG-JACOBSON AIFG. CO., INC. 233
and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Congress of Industrial Or-
ganizations, or by International Association of Machinists, District
Lodge No. 101, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.