Willys Overland Motors, Inc.

National Labor Relations Board - Board Decisions

Aug 23, 1943

52 N.L.R.B. 109 (N.L.R.B. 1943)

In the Matter of WILLYs OVERLAND MOTORS, INC., (TOLEDO, OHIO and
INTERNATIONAL DIE SINKERS CONFERENCE '
Case No. R-5581.-Decided August L3, 19.11.3
Mr. John A. Hull, for the Board.
Mr. James F. Holden, of Toledo, Ohio, for the Company.
Messrs. J. G. Meiner and Walter T. Lynch, of Cleveland, Ohio, for
the Die Sinkers.
Mr. Richard R. Lyman, of Toledo, Ohio, Mr. John J. Murphy, of
Cleveland, Ohio; and Mr. Carl Huhndorf, of Washington, D. C., for
the I. A. M.
Mr. Lowell Goerlich, of Toledo, Ohio, for the C. 1. 0.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Die Sinkers Conference,
herein called the Die Sinkers, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Willys
Overland Motors, Inc., Toledo, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Samuel H. Jaffee, Trial Examiner. Said ^
hearing was held at Toledo, Ohio, on June 16, 17, and 18, 1943. The
Board, the Company, the Die Sinkers, International Association of
Machinists, herein called the I. A. M., and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, Local 12, C. I. 0., herein called the C. I. 0., appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues ." The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board. The Die Sinkers
and the I. A. M. have requested a hearing before the Board for the
'Mechanics Educational Society of America (C. Ti. A.) and Pattern Makers League of
North America (A. F. of L.) were served with Notice of Hearing but did not appear.
52 N. L. R. B., No. 20.
109
110 DE'ClI SIONS OF NATIONAL LABOR REILATIONS BOARD
purpose of oral argument. Since all matters in issue are fully dis-
cussed in the briefs, the requests are hereby denied.
Upon the entire record in the case, the Board makes tho following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Willys Overland Motors, Inc., is a Delaware corporation with plant
and offices in Toledo, Ohio, where it is engaged in the manufacture of
jeeps, shells, aircraft, and other war material. The principal raw
materials used by the Company are steel, iron, rubber, and glass.
During 1942, the Company received at its Toledo plant such raw ma-
terials of a value in excess of $80,000,000, of which more than 75
percent was shipped to the plant from points outside Ohio. During
the same period, the production of the plant exceeded $130,000,000 in
value, of which more than 90 percent was shipped from the plant to
points outside Ohio.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Die Sinkers Conference is a labor organization, ad-
mitting to membership employees of the Company.
International Association of Machinists is a labor organization,
admitting to membership employees of the Company.
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 12, C. I. 0., is a labor organi-
zation affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that, on May 24, 1943, the Die
Sinkers requested recognition of the Company as exclusive bargaining
representative of die sinkers and their allied craftsmen working in
Department 109 in the Toledo plant. The Company refused the
request and asserted that a contract with the I. A. M. constitutes a
bar to the extension of recognition.
On June 10, 1942, the Company and the I. A. M. entered into the
latest of a series of collective bargaining contracts covering, among
others, the employees in the unit sought by the Die Sinkers. The
initial 1-year term of the contract expired June 9, 1943, and it now
may be terminated by the 30-day notice of either party. Since the
contract has been in effect for a period in excess of 1 year; since its
term is now indefinite; and since it is now terminable by notice of
WILLYS OVERLAND MOTORS, INC . 111
either party; we find it not to constitute a bar to a present investigation
of "representatives.
On December 2, 1942, the C. I. O. and the Company entered into a
collective bargaining contract covering substantially all production
and maintenance employees of the Company at Toledo. However,
since the contract does not purport to cover the employees in the-unit
claimed by the Die Sinkers, we find it not to constitute a bar to a present
investigation of representatives.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Die Sinkers represents a substantial number
of employees in the unit it claims 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 Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Die Sinkers seeks to represent all employees in Department 109
who work on drop forge dies or_parts of dies used to complete forgings.
The I. A. M. would represent all employees in the Department, in-
cluding those claimed by the Die Sinkers, as well as certain employees
whom the Die Sinkers would exclude : draftsmen, utility men, ma-
chinists, and others. The C. I. O. contends that all employees in the
Department should be included in its plant-wide industrial unit but,
if the Die Sinkers craft unit is found to be appropriate, it seeks to
represent the remaining employees in the Department as a part of
the above industrial unit.
Prior to 1938 the C. I. O. had entered into oral contracts with the
Company covering most of the production and maintenance employees
and the I. A. M. was party to a contract with the Company covering
the employees in Department 109. During this period, die sinkers
were members of the I. A. M. but formed within that organization an
autonomous unit and were also members of the then National Die
Sinkers Conference.
In May 1938, the C. I. O. filed a petition with the Board by which
it sought an investigation of representatives of the Company's em-
ployees. The I. A. M. intervened at the hearing in that proceeding
,
The Field Examiner stated that the Die Sinkers submitted an undated letter addressed
to the Board certifying the desire of the signatories to be represented for the purposes
of collective bargaining by the Die Sinkers The letter bore the apparently genuine original
signatures of 12 persons whose names appear on the Company's pay-roll of June 2, 1943.
The pay roll lists the names of 107 persons in the unit for which the Die Sinkers contends
The Die Sinkers submitted a further letter in similar form, dated May 24, 1943, to which
were appended the apparently genuine original signatures of 37 persons within the claimed
unit whose names appear on the Company's pay roll of June 2, 1943. The Die Sinkers
submitted, finally, 8 application-for-membership cards, all bearing apparently genuine
original signatures and dates in May 1943 The signatures thereon appearing were the
names of persons, within the claimed unit, listed on the Company's pay roll of June 2, 1943.
Both the I. A. M. and the C. I. 0. rely upon their contracts to establish their interest.
112 DEUSIONS OF NATIONAL LABOR RELATIONS BOARD
and urged that die sinkers be excluded from the industrial unit re-
quested by the C. 1. 0. The Board found, inter alia, that, "all employ-
ees in Department 109 are die sinkers . . . die sinkers are highly
skilled craftsmen who serve a 9-year apprenticeship before they be-
come journeymen die sinkers . . . . We are of the opinion that the die
sinkers might properly constitute a separate bargaining unit or they
might be merged in the industrial unit claimed by the [C. I. 0.]. The
determining factor is the desire of the employees involved. Since all
the parties stipulated that practically all of the die sinkers belong
to the I. A. M., we shall hold that they constitute an appropriate
unit." 3 In the same decision the Board certified the I. A. M. as
exclusive collective bargaining representative of the die sinkers. It
is well to note at this point that the certification was not, in terms, for
all employees in Department 109.
The Board also found appropriate the industrial unit sought by
the C. I. O. and after an election among the employees in certain fringe
groups certified the C. I. O. as exclusive bargaining representative of
the production and maintenance employees of the Company including
draftsmen, and excluding, among otherg, "the die sinkers." 4 Giving to
the language used in the decision•above, its common and usual mean-
ing, it seems clear that the Board certified the I. A. M. as exclusive
collective bargaining representative of the die sinkers in a craft unit.
It is apparent, however, that the Board mistakenly considered the craft
unit of die sinkers to be coterminous with Department 109. This mis-
apprehension on the part of the Board has no doubt largely contributed
to the misinterpretation of the certification by the I. A. M. and the
Company. While it is true that the function of Department 109 is
to produce dies for use in other departments of the Company, it is
not true that all employees therein are die sinkers or even skilled
workers. Many employees in the Department in fact have only the
most casual relation to the production of dies and could work as effec-
tively in another deparment. We will discuss such employees in
subsection B, infra.
Following the certification described above, the I. A. M. entered
into collective bargaining contracts with the Company covering the
employees in Department 109. Until the 1939 contract, Local 105 of
the I. A. M. dealt with the Company in reference to the employees
in Department 109. Then Local 131 I. A. M., composed exclusively
of die sinkers, their apprentices and allied crafts, was formed from
such craftsmen heretofore affiliated with Local 105, and took over
the representation of Department 109. Hence the contract with the
Company executed October 14, 1939, was negotiated by Local 131,
I. A. M., and the National Die Sinkers Conference. This contract
8 Matter of Willys Overland Motors, Inc, 9 N. L. R. B. 924.
4 Matter of Wtillys Overland Motors , Inc., 10 N. L. R. B. 160.
WILLYS OVERLAND MOTORS, INC. 113
6
expired October 14, 1940, and apparently was not renewed. In Janu-
ary 1941, the International Die Sinkers Conference was formed and
its members withdrew from the I. A. M. In May 1941, at a time
when it appears that no contract was in effect covering the employees
in Department 109, the Die Sinkers filed a petition with the Board
requesting a unit of die sinkers, trimmer makers, and their apprentices
in that Department. Prior to the hearing, Local 105, I. A. M., entered
into a collective bargaining contract with the Company covering all
the employees in the Department. The contract recognized the pend-
ing Die Sinkers' petition in that provision was made for termination
in the event another bargaining agent was certified by the Board.
On September 19, 1941, the Board issued its Decision and Direction
of Election 5 in which it- found that "die sinkers, trimmer makers, and
their apprentices" constitute a unit appropriate for the purposes of
collective bargaining. The I. A. M. and the Company objected vigor-
ously to the Decision and were afforded a hearing for the purpose of
oral argument. Subsequent to the oral argument, on January 22,
1942, the Board issued its Supplemental Decision and Amendment to
Decision and Direction of Elections in which it reversed the unit find-
ing in the prior Decision, upon the ground that the Die Sinkers had
not requested a complete craft, and found all employees in Department
109 to be eligible to membership in the Die Sinkers and to constitute an
appropriate unit. From the evidence adduced at the hearing in the
instant proceeding it seems probable that a unit of die sinkers, trimmer
makers, and their apprentices is not sufficiently inclusive to embrace
a complete craft. However, it is manifest from the same record that
all classifications of employees in Department 109 are not eligible to
membership in the Die Sinkers. Thus such finding in the Supple-
mental Decision, referred to above, although supported by the record
then before the Board and the argument of the parties, was not con-
sonant with the facts then or now existing and, on the basis of the
record before us, we find that all persons working in Department 109
are not eligible to membership in the Die Sinkers. No election was
conducted under this Supplemental Decision, as the Die Sinkers'were
permitted to withdraw from the ballot.
In making its determination of the appropriate unit, the Board
gives great weight to the history of collective bargaining, for what the
parties themselves have done with respect to bargaining is often the
best test of what is workable and sound. In considering the weight
to be given to the bargaining history of the Company's employees in
Depatrment 109, we note initially that the Board has never certified
any labor organization as exclusive bargaining representative of all
Matter of Willys Overland Motors, Inc, 35 N L R. B. 549.
e Matter of Willys Overland Motors, Inc., 38 N L. R B 462.
114 DEICaSIONS OF NIA'T`IONAL LABOR RELATIONS BOARD
a
k
the employees in the Department, although the I. A. M. and the Com-
pany have apparently interpreted the 1938 Decision 7 as having that
effect. The I. A. M. has introduced in evidence several of its collective
bargaining contracts with the Company. The first of these, effective
from September 1937 to March 1938, appears to cover all employees in
Department 109. However, the wage-rate schedule attached thereto
pertains almost exclusively to those categories which the Die Sinkers
would include in a craft unit. No mention is made of draftsmen,
sweepers, or utility men. The next contract in evidence, between the
Company and the I. A. M. and members of the National Die Sinkers
Conference jointly, was effective from October 1939 to October 1940.
It purports to cover all employees in Department 109 but the categories
mentioned specifically therein are those skilled employees now claimed
by the Die Sinkers. The third contract, effective from June 10, 1941,
to June 9,1942, also appears to cover all employees in the Department
and contains wage scales pertaining to the die room utility men not
mentioned in the prior agreements. There is, however, no mention of
draftsmen. The latest contract, effective from June 9, 1942, to June
9, 1943, purports to cover all employees in the Department, as did the
prior contract, and contains a maintenance of membership provision.
The wage schedules, embodied in the contract, cover more categories
than did the prior contract and here, for the first time, the wage sched-
ules of draftsmen are set forth. It is clear then that, until the last
contract, the bargaining efforts of the I. A. M. have been chiefly in
behalf of the skilled die sinkers and their allied tradesmen. This is
understandable when it is considered that from the time of execution
of the first contract in September 1937 until January 1941, the con-
tracting union local was constituted chiefly of members of the National
Die Sinkers Conference. We are convinced from the contracts, above,
and other evidence in the record that, prior to the withdrawal of the
National Die Sinkers Conference from the I. A. M., bargaining with
the Company was only nominally upon a departmental basis and that,
essentially, the I. A. M. local represented and bargained for a craft
unit of die sinkers and allied tradesmen. Have then the die sinking
craftsmen and the Die Sinkers consented to or acquiesced in representa-
tion, since January 1941, of such craftsmen in a unit comprising all
the employees in the Department? Manifestly not. In May 1941 the
Die Sinkers requested the Board to investigate representatives in a
craft unit. When the Supplemental Decision of the Board denied
this request, the Die Sinkers refused to participate in an election in the
departmental unit. Recently the craftsmen in the Department en-
gaged in a work stoppage in protest against representation in a de-
partmental unit. We are convinced, under all the circumstances, that
: Matter of Willys Overland Moto? s, Inc , 9 N. L R. B. 924.
WILLYS OVERLAND MOTORS, INC. 115
the history of bargaining in this case is not determinative of the bar-
gaining unit and we shall proceed to examine other relevant factors.8
The composition of the craft unit requested by the Die Sinkers was
variously expressed at the hearing, but essentially the Die Sinkers
would include in the unit all workers in Department 109 who are
eligible to membership under its constitution. Thus the unit would
include, "All impression men and their allied tradesmen necessary
for the protection of the craft." ° Die sinker and trimmer die maker
apprentices, also, are eligible. We shall discuss in subsection A,
below, the categories of employees in Department 109 which the Die
Sinkers would include in the unit.
A. Die Sinkers, of course, fall within this description. A jourtley-
man die sinker has undergone an apprenticeship of 7 to 9 years. He
demands and receives a wage well above that of other industrial em-
ployees. His task is to "sink" or mill a cavity in a block of steel pre-
cisely in accordance to a plan so that a desired device or impression
may be imparted to the material in production. In addition to the
manual skill required, the die sinker must have a knowledge of the
properties of metals with respect to expansion and shrinkage.
A trimmer die maker is a die sinker in the process of training. He
has served an apprenticeship of 4 years and in 3 to 5 years more can
become a die sinker. He mills the impression to form the trimmer die.
His work is part of the die sinkers trade and he is eligible to member-
ship in the Die Sinkers.
A header die maker, as the designation implies, makes a header die
which is a die composed of several parts. Header die makers are
sometimes known as upsetter die makers. While these workers are
craftsmen and possess considerable skill, they do not possess the skill
of a journeyman die sinker. They sink impressions in the header die,
however, and are eligible to membership in the Die Sinkers.
An edger man sinks the edging impression on the die block. While
his skill is less than any of those above, he generally serves a 2-year
apprenticeship and is eligible to membership in the Die Sinkers.
The die repairers (in forge), the die caulkers, die repair and altera-
tion men, forge die alteration men, die repairers, and trim die re-
pairers, all repair and/or alter worn dies. Their different designa-
tions indicate the type of work they do as well as where they do it.
All have substantial skill and serve a 2-year apprenticeship. All do
impression work and are eligible to membership in the Die Sinkers.
The template maker makes templates required to lay out the forge
die. In Department 109 he is also a die sinker. Although it does
not appear that he is an "impression worker" in the strict sense of
Cf. Matter of Phoenao Manufacturing Company, 44 N. L. R. B 1388
9 Constitution of the Grand Lodge and Local Lodges, International Die Sinkers ' Confer-
ence, p. 35, Article F, Section 1.
5493 i 5-44-vol 52-9
116 DEMSIONS OF NATIONAL LABOR REILAr1IONS BOARD
that term, his skill is part of the die sinker trade and he is eligible
to membership in the Die Sinkers.
The Keller Machine operator by use of this machine duplicates the
die impression. The operator is a die sinker who specializes in the
use of this machine and is eligible to membership in the Die Sinkers.
The shaper hand and the shaper milling machine operator are called
junior trim die makers. -Both are impression -men working on dies
and are eligible to membership in the Die Sinkers.
The planer hand planes off the surface of the die block preparatory
to the die sinking operation. He performs a skilled operation and is
eligible to membership in the Die Sinkers.
The Do-all sago operator works with a universal saw. He cuts out
trim dies and saws metal to cut templates to shape. He performs a
skilled operation and is eligible to membership in the Die Sinkers.
The men employed in the categories of die layout and inspection
and layout of dies and casts use their skill and knowledge of forge dies
in inspecting and laying out casts or forgings. They also spend a
substantial portion of their time in making templates. Their skills
are peculiarly complementary to the die sinking trade and they are
eligible to membership in the Die Sinkers.
Apprentices to die sinkers and trimmer die makers are learners who
assist the craftsmen in the categories to which they are apprenticed.
Thy are eligible to membership in the Die Sinkers.
The I. A. M. would include the categories discussed above in a
departmental unit. We shall discuss separately in subsection B, be-
low, the remaining categories of employees in Department 109 which
the I. A. M. would include in the unit.
B. Draftsmen are what their designation implies. In Department
109 they work on blueprints for dies. They work in a. building sep-
arate from that Department, however, and of course do not work on
dies. Their skills are essentially different from those of the workers
in the die sinking trade. V
Die utility men and machinist helpers are aides to die sinkers and
others. They handle die blocks and do simple machine work. Though
two titles are used, both groups do the same work. Those who receive
a higher wage are die utility men. About 2 months training suffices
to acquire proficiency. They do no machine work on the die itself.
Machine repair, floor machinist, and machinist, are designations
used to describe maintenance workers in the Department. They re-
pair and rebuild the machines used by die sinkers and others in the
Department. While those in these categories are skilled workers, their
skill is not within the die sinking trade. I
The trim die setters do no actual machine work on the die itself
though they may make minor adjustments or repairs in order properly
WILLYS OVERLAND MOTORS, INC. 117
to set the trim dies. Their skill relates essentially to the use of the
die and not to the sinking.
The utility man die room crib is primarily a tool crib attendant and
repairs small tools. He also, by means of a hand crane, moves dies in
the die shop. He is not skilled in the die sinking trade.
The die storage attendant keeps the records on stored dies. He
procures and delivers dies to the Department when required. He
must be able to identify dies by appearance and number but does
not possess any skill used in the die sinking trade.
Sweepers keep the floor clear of debris. The Company intends plac-
ing all sweepers under the supervision of one department head'
Manifestly, they possess no skill used in the die sinking trade.
The C. I. 0. would include all of Department 109 in its industrial
unit and in any event requests that those employees in the department
outside the craft group be so included., The C. I. 0. submitted no
evidence of membership in the craft group but the two sweepers, by
permission of the I. A. M., are its members.
Upon the basis of the entire record in the case, we are of the opinion
that those employees within the categories listed under subsection A,
above, may, by reason of their related skills, common interests, and
homogeneity, appropriately constitute a separate bargaining unit as
contended by the Die Sinkers.10 Again, however, all employees in
Department 109 constitute a functional group and there is a history of
bargaining which gives some indication that the departmental unit,
claimed by the I. A. M., is appropriate-" The C. I. 0. has made no
showing of membership among the employees in the craft group and
we do not agree with the contention of the C. I. 0. that the entire
department may appropriately be included in the plant-wide industrial
unit.
In consideration of all the factors, we shall direct that separate
elections shall be held among the employees of the Company in the
following groups :
(1) All employees in Department 109 included in the categories
discussed in subsection A, above, including die sinkers, trimmer die
makers, header die makers, edgermen, die repairers (in forge), die
caulkers, die repair and alteration men, forge die alteration men, die
repairers, trim die repairers, template makers, Keller Machine op-
erators, shaper hands, shaper milling machine operators, planer hands,
Do-all saw operators, die layout men, employees engaged in the inspec-
tion and layout of dies and casts, and apprentices to die sinkers and
trimmer die makers, but excluding the employees in the categories listed
in subsection B, above, as well as all supervisory employees with au-
10 See Matter of Armstrong Bros Tool Co., 37 N. L. R B 221.
11 See Matter of Revere Copper and Brass, Incorporated, 30 N L R B 964.
118 DEICSS+IONS OF N'A'TIONAL LABOR RELAtrIONIS BO'A(R'D
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such ac-
tion, to determine whether they desire to be represented by the Die
Sinkers or the I. A. M. for the purposes of collective bargaining, or by
neither.
(2) All remaining employees in Department 109 included in the
categories discussed in subsection B, above, including draftsmen, die
utility men, machinist helpers, machine repairers, floor machinists,
machinists,, trim die setters, utility men die room crib, die storage at-
finndants, and sweepers, but excluding the employees included in group
(1), above, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action, to determine
whether they desire to be represented by the I. A. M. or the C. I. 0.
for the purposes of collective bargaining, or by neither.
Upon the results of these elections will depend, in part our finding
as to the appropriate unit 12 If the Die Sinkers receives a majority
of the votes in group (1) we shall find such employees to constitute an
appropriate unit. If the I. A. M. receives a majority of the votes in
group (1) only, we shall make the same finding. If the I. A. M. re-
ceives a majority in each of the groups (1) and (2), we shall find a
unit composed of all employees in Department 109 to be appropriate.
The employees in group (2), above, do not alone form a craft, de-
partmental, or functional group and we shall not find that group to
constitute an appropriate unit. Thus if the I. A. M. receives a ma-
jority of votes in group (2), only, we shall not issue any certification
of a representative thereof. If the C. I. 0. receives a majority of the
votes in group (2), we shall permit the C. I. 0. to include this group
in the industrial unit which it now represents '13
Those eligible to vote in the elections which we shall direct shall be
all employees of the Company described in groups (1) and (2), above,
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 therein. We are unable to determine the
eligibility of leaders and "key-men" from the record and shall permit
to vote only those employees who do not have authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action. If, on the date of
the election, sweepers have been transferred to a department other
than 109, we shall not permit them to vote.
i
32 See Matter o f Duff-Norton Manufacturing Company, 48 N L. R. B 1148.
11 Cf. Matter of Armour and Company , 40 N. L . R. B. 1333.
WILLYS OVERLAND MOTORS, INC. 119
DIRECTION OF ELECTIONS
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes, of collective bargaining with Willys Overland,
Motors, Inc., Toledo, Ohio, 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 Eiglith 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 all employees
of the Company within the groups set forth below, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including those who did not work during such 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 :
(1) All the employees in Department 109 in the categories listed
in Section IV, subsection A, above, including die sinkers, trimmer die
makers, header die makers, edger men, die repairers (in forge), die
caulkers, die repair and alteration men, forge die alteration men, die
repairers, trim die repairers, template makers, Keller Machine oper-
ators, shaper hands, shaper milling machine operators, planer hands,
Do-all saw operators, 'die layout men, employees engaged in inspection
and layout of dies and casts, and apprentices to die sinkers and trimmer
die makers, but excluding the employees in categories listed in Sec-
tion IV, subsection B, above, as well as all supervisory employees with
,authority to hire, promote, discharge, discipline, or otherwise effect
changes in the. status of employees or effectively recommend such
action, to determine whether they desire to be represented by Inter-
national Die Sinkers' Conference, or by International Association of
Machinists, for the purposes of collective bargaining, or by neither.
(2) All remaining employees in Department 109 included in the
categories discussed in Section IV, subsection B, above, including
draftsmen, die utility men, machinist helpers, machine repairers, floor
machinists, machinists, trim die setters, utility men die room crib, die
storage attendants, and sweepers, but excluding the employees included
in group (1) above, as well as all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
120 DEICRISIONS OF NATIONAL LABOR REiLA(r'IONS. BOARD
the status of employees or effectively recommend such action, to deter-
mine whether or not they desire to be represented by International
Association of Machinists or by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local 12, C. I. 0., for the purposes of collective bargaining, or by
neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.
[See infra, 52 N. L. R. B. 548 for Amendment to Decision.]