Roy E. Roth Co.

National Labor Relations Board - Board Decisions

Jan 6, 1944

54 N.L.R.B. 380 (N.L.R.B. 1944)

In the Matter of Roy E. ROTH COMPANY and UNITED FARM EQUIPMENT
AND METAL WORKERS OF AMERICA, C. I. O.
Case No. 13-R-20110.-Decided January 6,19444
Mr. Ben T. Reidy, of Rock Island, Ill., for the Company.
Meyers & Meyers, by Mr. H. E. Baker, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Roy E. Roth Company, Rock Island, Illinois, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John R. Hill,
Trial Examiner. Said hearing was held at Rock Island, Illinois, on
November 29, 1943. The Company and the Union appeared at and
participated in the hearing.' All parties, were afforded full oppor-
tunity 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
Roy E. Roth Company is an Illinois corporation with its principal
place of business at Rock Island, Illinois, where it is engaged in the
manufacture of machine parts. During 1942 the Company purchased
'Although International Association of Machinists was served with Notice of Hearing,
it did not appear.
54 N. L. R. B., No. 53.
380
ROY E . ROTH COMPANY 381
raw materials valued in excess of $50,000, over 50 percent of which
was shipped to it from points outside the State of Illinois. During the
same period the Company manufactured products valued in excess
of $100,000, about 37 percent of which was shipped to points outside
the State of Illinois. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 12, 1943, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request,
A statement of the Regional Director, introduced into evidence at
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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance, employees
of the Company, including assistant foremen, the millwright boss,
inspectors, the shipping clerk, and the receiving clerk, but excluding
foremen, the chief inspector, supervisory employees, office clerical
employees, -engineering staff, and guards, constitute an appropriate
unit. The only controversy with respect to the unit concerns assistant
foremen, the millwright boss, and the shipping clerk. The Union
would include such employees in the unit, while the Company would
exclude them.
The Company employs three persons classified by it as assistant
foremen. They have the authority to effectively recommend the hir-
ing and discharging of their subordinates. We find that the assistant
foremen are supervisory employees and as such we shall exclude them
from the unit.
The millwright boss is in charge of- a crew of three to four men.
The millwright boss receives about 25 percent more compensation than
'The Regional Director reported that the Union presented 37 application membership
cards bearing apparently genuine signatures of persons whose names appear on the
October 24, 1943, pay roll of the Company. There are approximately 107 employees in
the appropriate unit.
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
his subordinates and assigns work to various employees. In addition,
he recommends the discipline of his subordinates. Under the cir-
cumstances, we shall exclude the millwright boss from the unit.
The shipping clerk spends between 40 and 50 percent of his time
performing clerical duties and in addition directs and supervises the
work of one or more employees. He is directly responsible to the
superintendent for the accuracy of shipping records, the arrangement
of transportation facilities, tools, and small items of raw materials.
The shipping clerk also recommends the hiring of temporary em-
ployees. Inasmuch as the duties of the shipping clerk are clerical
and supervisory in nature, we shall exclude him from the unit.
We find that all production and maintenance employees of the
Company, including inspectors and the receiving clerk, but excluding
the engineering staff, office clerical employees, guards, assistant fore-
men, the millwright boss, the shipping clerk, foremen, the chief in-
spector, and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Roy E. Roth
Company, Rock Island , 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 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
ROY E . ROTH COMPANY 383
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, 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 and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by United Farm Equipment and Metal Workers of America, C. I. 0.,
for the purposes of collective bargaining.