The Collis Co.

National Labor Relations Board - Board Decisions

Jan 4, 1943

46 N.L.R.B. 680 (N.L.R.B. 1943)

In the Matter of THE COLLIS COMPANY and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , AFFILIATED WITH THE A. F. OF L.
Case No. R-4624.Decided January 4; 1943
Jurisdiction : metal ' products manufacturing industry.
Investigation and Certification of Representatives : existence of'question : refusal
to accord recognition without proof of majority representation ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding executive , supervisory employees ( including foremen and
assistant foremen ), office employees , clerical workers, sales department
employees , superintendents , and assistant. superintendents.
Mr. M. F. Sutton, of Clinton, Iowa, for the Company.
Mr. Earl P. Hogan, of Rock Island, Ill., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
. Upon petition duly filed by .International Association, of Machin-
ists, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of -The
Collis Company, Clinton, Iowa, herein called the Company, the Na-
tional Labor `Relations Board provided for an appropriate hearing
upon due notice before Robert R.• Rissman, Trial Examiner:, Said
hearing was held at Clinton, Iowa, on December 4, 1942. The Com-
pany 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
The Collis Company is an Iowa corporation with its place of busi-
ness at Clinton, Iowa. The business of the Company is the manufac-
46 N. L. R. B., No. 79. -
680
THE COLLIS COMPANY 681
ture, assembly , sale, and distribution of machine tools, poultry equip-
ment, wire novelties, refrigerator shelving, bakery equipment and
similar items. For the year 1941 the total sales of manufactured prod-
ucts, and other items, was in excess of $400,000, of which more than 85
percent was delivered to points outside the State of Iowa. The total
value of the raw materials used within the same period was in excess
of $150,000, of which approximately 90 to 95 percent was purchased
from points outside the State of Iowa. , We find that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of, Machinists,: is a labor' organization,
affiliated with the American Federation of Labor; admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
. On November:4, 1942, theUnion requested the Company by letter to
recognize it as the bargaining agent for its shop employees) The Com-
pany replied by letter asking the Union to demonstrate that it' repre-
sented a majority of the employees by submitting to the, Company ,the
signatures of those employees who had requested'the Union to'repre-
sent them.
A statement of the' Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the unit hereinafter found to be appropriate?
We find that a question affecting commerce had 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 contends that the appropriate unit should consist of all
production and maintenance employees, excluding office workers,
supervisors above the rank of assistant foreman, executives; and clerical
employees. The Company contends that all employees, without
exception, should be included within the unit.'
There are obvious functional differences between the' production and
maintenance employee's and the clerical find office'employees of the
i The Regional Director reported that the Union submitted 151 authorization cards of
which 143 bore apparently genuine original signatures . Eight of the signatures were
printed , 136 of the 151 names on the cards were names of employees on the Company's pay
roll submitted November 18, 1942. There are approximately 208 employees in the
appropriate unit.
682 DECISIONS OF; NATIONAL LABOR RELATIONS BOARD
Company, and it is our customary I practice to exclude the latter, as
well as executives and supervisory employees, from a•unit of produc-
tion and maintenance employees. We shall therefore exclude the
clerical, office and supervisory employees. Although- the Union de-
sires to include assistant foremen, lthe record discloses no valid reason
why assistant foremen should be differentiated from foremen; on the
contrary, it indicates that they have the same powers and duties as
foremen. We shall therefore exclude foremen and assistant foremen
from the unit.
We find that all production and maintenance employees of the Com-
pany, excluding executives, supervisory employees (including fore-
men and assistant ' foremen), office employees, clerical workers, sales
department employees; superintendents and assistant superintendents,
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 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 Rela-
tions Act, and pursuant to Article III, Section 9, 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 The Collis Com-
pany, Clinton; Iowa, 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 of Election, under the- direction and supervision of the
Regional Director for the Eighteenth Region, acting in this matter
as agent for the National Labor Relations-Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
,in the unit found to be appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
THE COLLIS COMPANY 683
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 International
Association of Machinists, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.