Sundstrand Machine Tool Co.

National Labor Relations Board - Board Decisions

Feb 6, 1946

65 N.L.R.B. 848 (N.L.R.B. 1946)

In the Matter Of SUNDSTRAND MACHINE TOOL CODIPANY and UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C. I. O.
Case No. 13-B-3324.-Decided February 6, 1946
Pope and Ballard, by Mr. William F. Price, of Chicago, Ill., for the
Company.
Mr. Harry Lahnert, of Rockford, Ill., for the Union.
Mr. Frederick D. Vincent, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Automobile, Aii•craft'& Agr-
cultural Implement Workers of America, C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Sundstrand Machine Tool
Company, Rockford, Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Clarence A. Meter, Trial Examiner. The hearing was
held at Rockford, Illinois, on December 17, 1045. 'F he Company and
the Union appeared and participated.' All parties 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. 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
1. THE BUSINESS OF THE COMPANY
Sundstrand Machine Tool Company is an Illinois corporation with
its principal office and place of business at Rockford, Illinois. During
i A representative of General Chauffeurs , Helpers and Sales Drivers Local Union 328,
which was also served with Notice of Hearing, sat ae an observe, at the heaun;; apparently
for the sole purpose of protecting his organization ' s interest in full-tune outside truck
drivels , who are excluded fio7n the unit herein found appropriate.
65 N. L R. B, No. 150
848
SUNDSTRAND MACHINE TOOL COMPANY 849
the year 1944, the Company purchased raw materials consisting princi-
pally of steel, cast iron, pig iron, and coke, in an amount exceeding
$100,000 in value, more than 90 percent of which was shipped to its
plant at Rockford, Illinois, from points outside the State of Illinois.
During the same period, the finished products manufactured at the
plant were valued in excess of $100,000, more than 90 percent of which
was shipped from the plant 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.
U. THE ORGANIZATION INVOLVED
United Autompbile, Aircraft & Agricultural Implement Workers
of America, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its production and mainte-
nance employees until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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
In substantial accordance with a stipulation of the parties at the
hearing, we find that all production and maintenance employees in the
machine tool, pump, and foundry divisions of the Company's Rock-
ford, Illinois, plant, excluding office and shop clerical employees, chief
inspector, assistant chief inspector, chief of quality control, time-
keeping department employees, first-aid attendants and.nurses, per-
sonnel department employees, engineering department employees,
experimental engineer, time-study department employees, watchmen
2 The Field Examiner reported that the Union submitted 304 application cards. At the
time of the hearing there were approximat^ly 750 to 800 employees in the appropriate
unit
Upon the ground that the Field Examiner ' s report was not the best evidence of the
fact that the Union has sufficient interest , the Company objected to its admission into
evidence. The Trial Examiner properly overruled the Company 's objection . See Matter
of Syracuse Chilled Plow Co., Inc., 61 N . L R. B. 717
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and guards, sales department employees, messengers, outside service
men, full-time outside truck drivers, superintendent, assistant super-
intendents, foremen, assistant foremen, and all other supervisory em-
ployees with the 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 an election by secret ballot among 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, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sundstrand Ma-
chine Tool Company, Rockford, 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 super-
vision 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 Regula-
tions, 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, 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 or not they desire to be repre-
sented by United Automobile, Aircraft & Agricultural Implement
Workers of America, C. 1. 0., for the purposes of collective bargaining.