The Kempsmith Machine Co.

National Labor Relations Board - Board Decisions

Feb 3, 1943

47 N.L.R.B. 307 (N.L.R.B. 1943)

In the Matter of THE KEMPSMITH MACHINE COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. R-477.5.Decided February 3;1943
Jurisdiction : machine tool manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at Company's two plants, excluding office and clerical employees, super-
visory employees, and non-working foremen; stipulation as to.
Mr. August C. Moeller, of Milwaukee, Wis., for the Company.
Mr. Max Raskin and Mr. Walter Cappel, both of Milwaukee, Wis.,
for the Union.
Mr. Josephs E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Kempsmith Machine Company, West Allis, Wis-
consin, herein called the Company,' the National Labor Relations
Board provided-for an appropriate hearing upon due notice before
Clarence A. Meter, Trial Examiner. Said hearing was held at Mil-
waukee, Wisconsin, on January 20, 1943. The Company and the
Union appeared, participated, and were afforded full- opportunity to
be heard, to examine and cross-examine witnesses, -and to introduce
evidence bearing upon the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
I The name of the Company was erroneously designated as "Kempsmith Milling Ma-
chine Company" in the petition, and some of the formal papers, all of which were corrected
by amendment at the hearing.
47 N. L. R. B., No. 34.
307
308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT '
1. THE BUSINESS OF THE COMPANY
The Kempsmith Machine Company is a Wisconsin corporation with
plants located at West Allis, Wisconsin,' and West Milwaukee, Wis-
consin, where it is engaged in the manufacture of machine tools.
The Company considers both plants as a single operation. During
1942 the Company purchased raw materials, namely, forgings, castings
and steel and grey iron castings in the approximate amount of
$750,000, 331/s percent of which was shipped to it from points outside
the State of Wisconsin. 'During the same period the Company sold
finished products valued at approximately $2,000,000, 90 percent of
which was shipped by it to points outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and' Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting employees of
the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
' The Union, on several occasions in October and November 1942,
requested the Company to recognize it as the exclusive bargaining
agent for the Company's employees. The Company refused to accord
such recognition unless and until the Union is certified by the Board.
A statement of the Regional Director, introduced in evidence at the
-hearing, and a report of the Trial Examiner, indicate the Union rep-
resents 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all -
production and maintenance employees of the Company in its West
2 The Union submitted 131 membership cards to the Regional Director and 22 to the
Trial Examiner , all of which ' bear apparently genuine signatures , and 118 of which bear
names of persons found on the Company's pay roll of January 14, 1943. The cards were
dated as follows : 17 dated in 1942 ; 26 dated in January 1943; and 75 : undated. There
are approximately 224 employees in the appropriate unit. '
4
THE KEMPSMITH MACHINE COMPANY 309
Allis, Wisconsin, and West Milwaukee, Wisconsin, plants, excluding
office and clerical employees, supervisory employees, and non-working
foremen, constitute a unit appropriate for the purpose of collective
bargaining within the i leaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by 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 our Direction of
Election herein ,, subject to the limitations and additions set forth in
said 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 purpose of collective bargaining with The Kempsmith
Machine Company, West Allis, Wisconsin , 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 Twelfth 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 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Union, United Automobile , Aircraft and Agricultural Im-
plement Workers of America, C. I. 0., for the, purposes of collective
bargaining.