Trackson Co.

National Labor Relations Board - Board Decisions

May 21, 1943

49 N.L.R.B. 1041 (N.L.R.B. 1943)

In the Matter of TRACKSON COMPANY ,and INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS, LOCAL 806 (AFL)
Case llto. R-5300.-Decided May 21, 1943
Lamfrom, Tighe, Englehard & Peck, by Mr. Leon B. Lamfrom, of
Milwaukee, Wis., for the Company.
Padway & Goldberg, by Mr. David Previant, of Milwaukee, Wis.,
for the A. F. of L.
Mr. George J. Graebner, of Milwaukee, Wis., for the Independent.
Miss Melverne R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Antonio-
bile-Workers, Local 806 (AFL), herein called the A. F. of L ., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Trackson Company, Milwaukee, Wisconsin,
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 Milwaukee,
Wisconsin, on May 6, 1943. The Company, the A. F. of L., and
Independent Local 3333, herein called the Independent, appeared,'
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing upon the issues. The Trial Examiner's rulings made at the hear-
ing 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
Trackson Company is a Wisconsin corporation, having its principal
office and place of business in Milwaukee, Wisconsin, where it is
' International Union , United Automobile , Aircraft and Agricultural Implement Workers
of America ( CIO) filed a motion to intervene prior to the hearing, and was served with
notice of hearing , but did not appear. The motion to intervene is denied
491\ L. R. B., No. 148
1041
1042 DECISION'S OF NA'110N'AL LABOR RELATIONS BOARD
engaged in the manufacture of gun mounts and' tractor equipment.
During 1942, the Company purchased raw materials valued at approxi-
mately $1 ,000,000, of which approximately 75 percent as shipped to
the Company from points outside the State of Wisconsin . During
the same period , the Company manufactured finished products , valued
at approximately, $4,000,000, of . vllich., approximately 90-percent was
shipped 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 ORGANIZATIONS INVOLVED
International Union, United Automobile Workers, Local 806
(AFL), is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
Independent Local 3333 is an unaffiliated labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING. REPRESENTATION
On March 23, 1943, the A. F. of L. , notified the Company that it
represented .a majority of the Company's employees, and requested-
recognition as the exclusive bargaining representative -for said en
ployees. On March 31, 1943, the Company replied that as a result
of an election held on April 9, 1942, the Independent was selected and
certified as the bargaining agent of its employees, and that the
certification "remains in full force and effect until changed by the
Board."
A statement prepared by a Field Examiner of the Board, introduced
in evidence at the hearing, indicates that the A. F. of'L•L. represents a
substantial number of employees in the 'unit! hereinafter found
appropriate.' - -
On April 9, 1942, the Twelfth Region conducted a consent election
among the Company's employees. As a result, the Independent was
selected by a majority of the employees as the exclusive bargaining
agent. On June 29, 1942, the Company rand the Independent entered
into a contract, which by its terms expires on Julie 1, 1943,3 and
' The Field Examiner reported that the A F of L submitted 270 , designations, 248 of
which bearing apparently genuine "signatures, bear the names of persons whose names-
appear on the, Company ' s pay roll of ' April 6, 1943 ; said payroll contains 'tlie.names' of
551 persons in the appropriate unit The Independent relies upon its contract to estab-
lish its interest '
The contract contained the following pros isions : "Joint conferences between Company
Representatives and the propel Union Representatives shall begin no later than May 15,
1943, for the purpose of negotiating either an extensiovv of this Agreement or it new Agree-
ment to take effect upon the expiration of this Agreement
TRACKSON COMPANY 1043
covered all employees of the Company with specific exclusions; 4 On
March 26, 1943, the A. F. of L. filed its petition. No issue was made
of the contract as a bar.'
We find that this contract is not a bar to an investigation of rep-
resentatives and that a question affecting 'commerce has arisen con-
cerning the representation of employees of the Company, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IN. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company at its three
plants located in Milwaukee, Wisconsin, excluding office and clerical
workers, supervisory employees,' employees of the engineering de-
partment, and armed guards, 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. The Company
anticipates an increase in personnel within the next 60 days of
approximately 75 persons. The Union urges, therefore, that eligi-
bility to vote be determined as of May 7, 1943, the pay roll date
nearest the date of hearing. The Company and the Independent
request that a current pay roll be used. We believe that our usual
practice will best effectuate the policies of the Act, and we shall,
therefore, direct that those eligible to vote shall be 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
Relations Act, and pursuant to Article III, Section 9,' of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
4 At the time the contract was signed , the Company was only operating 2 plants ; in
January or Febiuary 1943 , the Company opened a third plant The Company and the
Independent informally included the employees of that plant under the contract
5 It is clear that the A. F. of L had asserted its claim prior to the date set by the
contract for the purpose of negotiating an extension of the contract or a new contract.
The pasties agreed that the term "supervisoi y employees " includes foremen and assist-
ant toremen carried on the office pay roll as such , but does not include "lead" men
531647-43-vol. 49-67
1044 DE'CTSIONS' OF NATIONAL LABOR- REL ,TIONS BOARD
I
f
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Trackson
Company, Milwaukee, 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 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, 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 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 they desire to be represented by International Union, United
Automobile Workers, Local 806 (AFL), or by Independent' Local
3333 , for the purposes of collective bargaining, or by neither.