Yates-American Machine Co.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 519 (N.L.R.B. 1942)

In the Matter of YATES-AMERICAN MACHINE COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICIILTURAL
IMPLEMENT WORKERS OF AMERICA (CIO)
Case No. R-3655.-Decided April 14, 194:2
Jurisdiction : Machinery nIanufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition : employees in active military service
eligible to vote subject to their appearance in person at polls notwithstanding
stipulation of parties for their exclusion from unit ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees,of . the Company at the Beloit, W isconsin , plant,, excluding clerical
and" supervisory employees, and employees of the Company at the South Beloit,
Illinois, plant.
dlr. W. H. Arnold, of Beloit, Wis., for the Company.
Mr. Lawrence Carlstrom, of Milwaukee, Wis., and Mr. Harry
Le/inert, of Beloit, Wis., for the UAWA.
Mr. J. W. Ramsey, of Rockford, Ill., for the IAM.
Mr. D. H. Reynolds, of Milwaukee, Wis., for the IMFW.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
. On January 19, 1942, International Union, United Automobile, Air-
craft and Agricultural Implement Workers ' of_America ( CIO), herein
called the UAWA filed with the Regional Director for the Twelfth
Region (Milwaukee , Wisconsin ) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Yates-American Machine Company, Beloit, Wisconsin,
herein called the Company , and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat . 449, herein called the Act. On March
12, 1942, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
-of National Labor Relations Board Rules and Regulations-Series 2,
.as amended , ordered an investigation and authorized the Regional
40 N. L . B. B., No. 93. 1
519
520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On March 13, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, and the UAWA;
and upon International Association of. Machinists, Lodge No. 1139,
A. F. of L., herein called the IAM, and International Molders and
Foundry Workers of North America, herein called the IMFW, labor
organizations claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on March 20,
1942, at Beloit, Wisconsin, before Stephen M. Reynolds, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com=
pany, the UAWA, the IAM, and the IMFW were represented and
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
,the issues was afforded all parties. During the course of the hear-
ing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Yates-American Machine Company, a Delaware corporation, is en-
gaged in Beloit, Wisconsin, in the design , manufacture , assembly, sale,
and 'distribution of woodworking machinery, including planers,
sanders, matchers , lathes, saws , hobby tools for home use , and heat-
transfer units, motors , tools, parts for such machinery , and industrial
and automotive radiators . The Company purchases and uses large
quantities of raw materials , including steel, iron , tin, copper , steel and
alloyed casts , panels, lumber paints, chemicals, nuts , bolts , screws,
rivets, parts , motors, cores , and various other materials . It also pur-
chases fabricated and manufactured parts and appliances for incor-
poration in its finished products . Over 50 percent of the materials
used at the Beloit plant is obtained from points outside the State of
,Wisconsin . During the fiscal year ending June 30, 1941 , the Com-
pany's total net sales of finished products from its Beloit plant ex-
ceeded $1 ,000,000. Approximately 90 percent of such products was
shipped to points outside the State of Wisconsin.
IL THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, (CIO), is a labor organization
admitting to membership employees of the Company.
YATES-AMERICAN MACHINE COMPANY 521
International Association of Machinists, Lodge No. 1139, and Inter-
national Molders and Foundry. Workers of North America are labor,
organizations affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about January 14, 1942, the UAWA requested the Company
to recognize it as the exclusive bargaining agent for the Company's
employees in the unit alleged by the UAWA to be appropriate, and
claimed to represent a majority of such employees. The Company
refused'on the grounds that it questioned the UAWA's majority, and
that in the past it had been confronted by claims from other organi-
zations that they represented a majority of such employees.
A report prepared by the Regional Director introduced in evidence
at the hearing shows that the UAWA represents a substantial number
of employees in the Company in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE, QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. -
V. THE APPROPRIATE UNIT
The parties agree and we find that all production and maintenance
employees of the Company at the Beloit, Wisconsin, plant, excluding
3 The Regional Director reported that the UAWA presented 405 authorization cards, 315
of which were dated between August 1941 and March 1942 ; 90 were undated. Of the
405 cards submitted, 336 bear the apparently genuine signatures of persons whose names
appear on the Company 's pay roll of January 17, 1942. Of the 336, 6 signatures appear
to be duplicates The remaining 69 cards indicate that several of the signatories have
been employed since January 17 , 1942 As to the 90 undated cards, representatives' for
the UAWA aver that all cards have been signed since August 1, 1941. Of the 405 sub-
mitted , 68 are of employees of the foundry department . There are approximately 775
employees in the alleged unit
The Regional Director further reported that the IAM and the IMFW refused to present
any evidence concerning their claims of representation of the employees of the Company.
The IAM , however, offered its proof of membership at the hearing , which the Trial Exam-
iner rules unnecessary since the UAWA stipulated that the IAM has a substantial interest
and membership among the employees and that it had no objection to the IAM appearing
on the ballot . The representative for the IMFW , during the hearing, stated for the record
that his organization was relinquishing its jurisdiction to the IAM , and does not at the
present time desire to participate in any election the Board may order.
522 DECISIONS' OF NATIONAL' LABOR' RELATIONS' BOARD
clerical`and' supervisory employees; and employees of 'the Company
at the South Beloit;'Illinois, plant, constitute a.unit appropriate for
the purposes of collective bargaining. We further find that-such.unit
will insure to employees of the Company the full benefit,of_their right
to self-organization and to collective bargaining and otherwise will1 -1
effectuate the policies of the Act.
"\, VI . THE DETERMINATION OF REPRESENTATIVES
We find, that the ' question concerning representation which has
arisen can best be,resolved by an election by secret ballot. We shall
direct that those eligible to vote in the election shall be the employees
within the appropriate unit who were employed by the Company
during the pay-roll period immediately preceding the date of our
Direction of Election herein, subject to the limitations and addition&
set forth in said Direction.2
Upon the basis of the,, findings of fact and upon the entire
record in the case, the Board makes the following : -
CONCLUSIONS OF LAW
'l. A question affecting commerce has arisen concerning the repre-
sentation of employees of Yates-American Machine Company, Beloit,
Wisconsin, within the meaning of Section 9 (c) and Section 2 (6>
and (7) of the National Labor Relations Act.
1 2. All production and maintenance employees of the Company at
the Beloit, Wisconsin, plant, excluding clerical and supervisory em-
ployees, and employees of the Company at the South Beloit, Illinois,
plant, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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-
2 The parties stipulated that employees in the active military service or training of the
United States be "excluded from the unit." In Matter of Cudahy Packing Company v.
Local 55, United Packinghouse Workers of America, of Packinghouse Workers Organizing
Committee, CIO (29 N. L. R. B 830 ), the Board enunc,ated the policy that employees
in the active military service or training of the United States should be eligible to vote even
though such persons were not working during the pay-roll period selected as determinative
of eligibility . In Matter of Wilson and Co , Inc and Packinghouse Workers Organizing
Committee, Local No. 20, affiliated with the CIO (37 N L R B 944), the Board stated
that its administrative experience had demonstrated the impracticability of providing for
mail balloting for such persons, but reasserted the policy above mentioned , construing it
to apply to those employees in the group who appear in person at the polls to cast a ballot.
We shall , accordingly , deny effect to the stipulation insofar as it deprives persons in the
service of the right to vote.
YATES-AMERICAN MACHINE COMPANY' 523-
tions Act, 49 Stat. 449, and pursuant' to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,,
as amended, it is.hereby
DIRECTED that, as part of the investigation authorized by' the Board
to ascertain representatives for the purposes of collective- bargaining
with Yates-American Machine Company, Beloit, Wisconsin, an elec-
tion 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" Twelfth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
Yates-American Machine Company, Beloit, Wisconsin, at the Beloit,
Wisconsin, plant, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during such 'pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding clerical and super-
visory employees, and employees of-the Company at the, South Beloit,
Illinois,, plant, and those-employees who have since quit or been dis-
charged for cause, to determine whether they desire- to be represented
by International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America (C. I. 0.) or by International
Association of Machinists, Lodge No. 1139, A. F. of L., for the pur-
poses of collective bargaining, or by neither.
In the Matter of FATES-AMERICAN MACHINE COMPANY and INTERNA-
TIONAL UNION , UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (CIO)
Case No. R-365o
CERTIFICATION OF REPRESENTATIVES
Mai 12, 1942
On April 14, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding 1
Pursuant to the Direction of Election, an election by secret ballot was
coifducted on Ap'r`il'24,1942, under the direction and supervision of the
Regional Director for the Twelfth Region (Milwaukee, Wisconsin).
On April 27, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued an Election Report, copies of which
were duly served upon the parties. No objections to the conduct of
the ballot or to the Election Report were filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
-reported as follows :
Total on eligibility list------------------------------------ 691
Total ballots cast----------------------------------------- 641
Total ballots challenged----------------------------------- 0
Total kiianli ballots--------------------------------------- 2
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 639
Votes cast -for International Union, United Automobile, Air-
craft -and Agricultural Implement Workers of America
(CIO)------------------------------------------------- 444
Votes cast for International Association of Machinists, Lodge
No. 1139 (AFL)---------------------------------------- 66
Votes cast for neither------------------------------------ 129
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that, International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America (CIO)
140 N. L. R. B. 519
40 N. L. R. B., No. 93a
524
Y ATES-AMERICAN MACHINE COMPANY 525,
has been selected by a majority of all production and maintenance
employees of Yates-American Machine Company, Beloit, Wisconsin,
at the Beloit, Wisconsin plant, excluding clerical.and supervisory em-
ployees and employees of the Company at the South Beloit, Illinois,
plant, as their representative for the purposes of collective bargaining,
and that, pursuant to the provisions of Section 9 (a) of the National:
Labor Relations Act, International Union, United Automobile, Air-
craft and Agricultural Implement Workers of Ameriea (CIO) is the,
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.