Western Tool & Stamping Co.

National Labor Relations Board - Board Decisions

Aug 7, 1946

69 N.L.R.B. 1282 (N.L.R.B. 1946)

In the Matter of WESTERN TOOL & STAMPING COMPANY, EMPLOYER and
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, C. I. 0., PETITIONER
Case No. _18-R-1538.-Decided August 7,1946
Brammzer, Brody, Charlton & Parker, by Mr. Margulies, of Des
Moines, Iowa, for the Employer.
Mr. Charles J. Fane, of Des Moines, Iowa, for the Petitioner.
Mr. James Ashe, of St. Paul, Minn., and Mr. Eric B. Bjurman, of
Des Moines, Iowa, for the Intervenor.
Mr. Martin E. Rendelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Des
Moines, Iowa, on June 10, 1946, before Stephen M. Reynolds, Trial
Examiner. 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Western Tool & Stamping Company, an Iowa corporation with its
principal office and place of business in Des Moines, Iowa, is engaged
in the manufacture of metal stampings and lawn mowers. During
the fiscal year ending July 31, 1945, the Employer purchased, for use
in its manufacturing operations, raw materials valued in excess of
$400,000, 75 percent of which was shipped to the Employer from points
outside the State of Iowa. During the same period, the Employer
manufactured finished products valued in excess of $1,300,000, approx-
imately 75 percent of which was shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
69 N. L. R. B., No. 155.
1282
WESTERN TOOL & STAMPING COMPANY 1283
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations claiming to represent employees of the
Employer.
International Association of Machinists, District No. 118, herein
called the Intervenor, is an unaffiliated labor organization claiming
to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The petitioner seeks a unit of all production, maintenance, and
shipping employees, including tool and die makers, apprentice die
makers, and toolroom machinists, but excluding clerical and super-
visory employees. The Employer generally agrees that the afore-
said unit is appropriate. The Intervenor, however, urges that a sepa-
rate unit of tool and die makers, apprentice die makers, and toolroom
machinists be established.
The tool and die makers, apprentice die makers and toolroom
machinists are all engaged in the manufacture of tools and dies,
whereas the other employees in the unit sought by the Petitioner
are engaged chiefly in production work. The tool and die makers
and their assistants unquestionably comprise a distinct craft group
who may appropriately constitute a separate unit. On the other hand,
they may also be appropriately included in a production and main-
tenance unit. In this circumstance, we shall make no unit finding
at this time. Our determination of the appropriate unit, or units,
will await the outcome of the elections directed hereinafter and will
depend, in part, on the results thereof.
The Employer contends that the toolroom foreman and the press-
room foreman should be included in the unit. Inasmuch, however,
as these employees have the power effectively to recommend a change
in the status of their subordinates, we find that they are supervisory
employees within the Board's customary definition, and we shall,
therefore, exclude them.
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among
the employees in each of the voting groups described below who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction:
(1) All tool and die makers, apprentice die makers and toolroom
machinists, excluding toolroom foreman, pressroom foreman, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action; .
(2) All production, maintenance, and shipping employees, exclud-
ing clerical employees, tool and die makers, apprentice die makers,
toolrooin machinists, toolroom foreman, pressroom foreman, and other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Western Tool & Stamping
Company, Des Moines, Iowa, separate elections 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 Eighteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of National Labor Relations Board
Rules and Regulations-Series 3. as amended, among the employees
in the voting groups described in Section IV, above, who were em-
ployed 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
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 in voting group (1) whether they desire to be represented
by United Automobile, Aircraft & Agricultural Implement Workers
of America, C. I. 0., or by International Association of Machinists,
District No. 118, or by neither, and in voting group (2) whether or not
they desire to be represented by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, C. I. 0., for the purposes
of collective bargaining.