The Hutchinson Foundry & Steel Co.

National Labor Relations Board - Board Decisions

Oct 20, 1942

44 N.L.R.B. 1379 (N.L.R.B. 1942)

In the Matter of THE HUTCHINsoN FOUNDRY &• STEEL COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRcrAFT',& AGRICUL-`
TURAL IMPLEMENT WORKERS ',oF AMERICA, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-4040
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTION
October, 40, 1942
On August 17, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding,'
directing that an election by secret ballot be conducted among certain
employees of The Hutchinson Foundry & Steel Company, Hutchinson,
Kansas, herein called the Company, to determine whether they desired
to 'be represented by International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America, C. I. 0., herein called
the C. I. 0., or by International Association of Machinists, A. F. of L.,
herein called the A. F. of L., for the purposes of collective bargaining,
or by neither.
Pursuant to the Decision and Direction of Election, an election by
secret ballot was conducted among such, employees on August 25, 1942,
under the direction and supervision of the Regional, Director for the
Seventeenth Region (Kansas City, Missouri). On August 29, 1942,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor. Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election Report,
setting forth, inter alia, the results of the aforesaid election. On
August 29, 1942, the C. I. O. filed a charge against the Company (Case
No. XVII-C-986) with the Regional Director ' for the Seventeenth
Region, and on September 3, 1942, the C. I. O. filed` objections to the
Election'Report.
Thereafter the company, the C. I.O.,' and the A. F. of L.' entered into
a. stipulation, approved: by the'Regional Director, . and subject to the
143 N. L.R.B 280.
44 N.M. R.' B., No. 257.
1379
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approval of the Board, wherein the C. I. O. requested that the Objec-
tions it has heretofore filed herein, and the charges it has heretofore
filed in Case No. XVII-0-986, be withdrawn, and the parties requested
the Board to direct a new election among the employees in the unit
previously found appropriate in the Board's Decision and Direction
of Election issued herein on August 17,1942. The parties have further
agreed that such new election shall take place at any future date
selected by the Board, and that the, eligibility list to be used in connec-
tion with such election shall be based upon the Company's pay roll for
the period immediately preceding the Direction of Election to be issued
by the Board. The stipulation is hereby approved.
ORDER AND SECOND DIRECTION OF ELECTION
Upon the basis of the stipulation and the entire record in the case,
and 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, Sections 8 and 9,, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the Direction of Election heretofore made
herein on August 17, 1942, be, and the same is hereby vacated, and the
election had pursuant thereto is hereby set aside, and
IT IS HEREBY DIRECTED that, as part of the investigation ordered by
the Board to ascertain representatives for the purposes of collective
bargaining with The Hutchinson Foundry & Steel Company, Hutchin-
son, Kansas, an election by secret ballot shall be conducted as early as
possible but not later than thirty (30) days from the date of this Second
Direction of Election, under the direction and supervision of the
Regional Director for the Seventeenth 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 all production
and maintenance employees of the Company, including employees in
the machine shop; blacksmith shop, structural steel shop, machinery
department, and truck drivers, who were employed during the pay-roll
period immediately preceding the date o£ this Direction, including
employees who did not work during said pay-roll period because they
were'ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding foundry
department employees, watchmen, office employees, salesmen, and
supervisory employees, and all employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented,by. International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America, C. I. 0., or by International
Association of Machinists, A. F. of L., for the purposes of collective
bargaining, or by neither.