Victor Adding Machine Co.

National Labor Relations Board - Board Decisions

Jan 31, 1946

65 N.L.R.B. 653 (N.L.R.B. 1946)

In the Matter of VICTOR ADDING MACHINE Co., and DIE AND TOOL
MAKERS LODGE 113, INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. 13-R-3264.-Decided January 31, 1946
Messrs. James Mazzula and G. H. Turner, of Chicago, Ill., for the
Company.
Messrs. E. J. Reid and B. H. Skidmore, of Chicago, Ill., for the
Union.
Mr. Arnold Ordman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Die and Toolmakers Lodge 113, Inter-
national Association of Machinists, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Victor Adding Machine CO.,' Chicago, Illi-
nois, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Leon A.
Rosell, Trial Examiner. The hearing was held at Chicago, Illinois,
on October 15, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 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
Victor Adding Machine Co. is an Illinois corporation engaged in
the manufacture of adding machines at its plant located in Chicago,
' It appears from the record that the correct name of the Company herein is "Victor
Adding Machine Co.," and not "Victor Adding Machine Company "
65 N. L. R. B., No. 111.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Illinois. During the year 1944, the Company purchased raw materials
valued in excess of $1,500,000, of which more than 75 percent was
shipped to the plant from points outside the State of Illinois. During
the same year, the sales of products manufactured by the Company
were in excess of $4,000,000, of which products more than 75 percent
was shipped from the plant to points outside the State of Illinois.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Die and Tool Makers Lodge 113, International Association of Ma-
chinists, is a labor organization, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its 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 the agreement of the parties at the
hearing, we find that all employees engaged in the Company's tool-
room, excluding the foreman and all other supervisory employees with
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
The Company contends that, in view of the fact that the unit found
appropriate has approximately 27 employees and that there are 24
employees in the armed services with reemployment rights, an election
should not be directed. Implicit in this contention is the alternative
that all employees in the armed services be given an opportunity to
R The Field Examiner reported that the Union submitted 15 application -for-membership
cards , that 1 card was dated in August 1945 and 14 in September 1945
There are approximately 28 employees in the appropriate unit.
VICTOR ADDING MACHINE CO. 655
vote-by mail ballot, if necessary. We are of the opinion that the
facts in this case are not substantially different from those in platter
of South West Pennsylvania Pipe Lines.3 Accordingly, as in that
case, we shall provide for the mail balloting of employees in the armed
services who fall within the appropriate unit, subject to the conditions
hereinafter mentioned. -
We shall direct that the question concerning representation be re-
solved by an election by secret ballot among the employees in the
appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction. The Re-
gional Director shall mail ballots to employees within the appropriate
unit on military leave, provided one or more of the parties hereto,
within'seven (7) days from the issuance of the Direction of Election,
files with the Regional Director a list containing the names, most recent
addresses, and work classifications of such employees. The Regional
Director shall open and count the ballots cast by mail by employees on
military leave, provided that such ballots must be returned to and
received by the Regional Office within thirty (30) days from the date
they were mailed to such employees by the Regional Director.4
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Victor Adding
Machine Co., Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than forty-five (45) 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, Sections 10 and 11, 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
3 64 N L R B. 1384.
4 A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary, in order to avoid
challenges and post-election objections Accordingly, the Board will make available to all
interested parties any information of this nature furnished by any other party. In the
event that the parties should send the absentee voters information or literature hearing
directly or indirectly on the pending election, copies of all such documents should be simul-
taneously filed with the Regional Office for inspection by or transmittal to the other
parties However, acceptance or transmittal of such literature by the Board's office is
not to be construed as conferring immunity on the filing party in the event that objection,
are later interposed concerning its content. The usual principles will apply
679100-46-vol 65-43
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, 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 represented by Die and Tool Makers Lodge 113, International
Association of Machinists, for the purposes of collective bargaining.