Stokerunit Corp.

In the Matter Of STOKERUNIT CORPORATION and DISTRICT 10, INTER- NATIONAL ASSOCIATION OF MACHINISTS, (AFL) Case No. R-4362.-Decided November 3, 19.412 Jurisdiction : machine tool and stoker drive manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including the night watchman, the road serviceman, and assistant foremen, but excluding office workers, draftsmen, engineers, the super- intendent, the production manager, the night superintendent, the assistant night superintendent, foremen, and night foremen. Lamfrom, Tighe, Engelhard cC Pcck, by Mr. A. J. Engelhard, of Milwaukee, Wis., for the Company. Mr. Ray A Bailey and Mr. David J. Tischer, of Milwaukee, Wis., for the Union. Miss Marcia Hertmark, of counsel to .the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 10, International Association of Machinists , herein called the Union , alleging that a question affect- ing commerce had arisen , concerning the representation of employees of Stokerunit Corporation , 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 October 8 , 1942. The Company and the Union appeared , participated, 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 prej- udicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : 45'N. L. R. B., No. 54 346 STOKERUNIT CORPORATION FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 341 Stokerunit Corporation, a Wisconsin corporation with its place of business at Milwaukee, Wisconsin, is engaged in the manufacture of machine tools and stoker drives. Its principal raw materials are iron, steel, and fabricated and semifabricated materials. The Company annually purchases approximately $400,000 worth of such materials, about 10 to 20 percent of which is shipped to it from out- side the State of Wisconsin. Its annual sales total approximately $1,000,000, of which about 90 percent is shipped outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED District 10, International Association of Machinists, is a labor organ- ization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 29 and August 31, 1942, the Union requested that the Com- pany recognize it for purposes of collective bargaining. The Com- pany refused to recognize the Union until it had been certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit alleged to be appropriate.' 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 parties stipulated that the appropriate unit should consist of all production and maintenance employees of the Company including the night watchman, but excluding office workers, draftsmen , engi- neers, the superintendent, the production manager, the night super- intendent and the assistant night superintendent. However, the Com- pany wishes also to exclude, and the Union desires to include, all fore- men, assistant foremen and night foremen, and a road serviceman. 1 The Regional Director reported that the Union submitted 117 application cards, 1 mem- bership book, 6 membership slips, and 3 authorization slips, all bearing apparently genuine, original signatures, and 96 bearing names on the pay roll of the Company for' September 18, 1942, which lists a total of 236 names The alleged appropriate unit contains 195 persons. 342 DECISIONS OF NATIONAL' LABOR 'RELATIONS- BOARD There are 13 foremen and 2 night`foremen listed on, the Company's pay roll. These foremen are paid on an hourly basis and have no authority to hire or discharge. However, they recommend hiring ,and discharging, and,have full authority to discipline, and recommend promotions and wage -increases.- Some are "engaged exclusively in supervisory duties while others perform -manual work, due to the large amount of work and the inexperience of new employees. It is clear from the record that they are considered to be in charge and + that the employees receive their orders from them. We shall exclude the foremen and night foremen from the unit. The three assistant foremen,2 although apparently in charge in the absence of the foremen, according to the testimony of the Company's general superintendent, perform manual labor at all times. They have no authority to hire or discharge. The employees who testified at the hearing stated";that"they ha'd' no knowledge of any-employees being referred to by such titles. We shall include the assistant foremen. The road serviceman whom the Company desires to exclude from the unit is engaged in traveling during a majority of the time. He visits customers for the purpose of making repairs and adjustments, and makes reports to the Company from which it determines whether charges shall be made for repairs made and parts furnished. When he is in the plant- he works in the precision boring machine assembly department under a foreman. Although he is an expert workman and requires no supervision, he exercises no supervisory authority over other employees: , We^shalLinclude, him within the unit. We find that all production and maintenance employees of the Com- pany, including the night watchman, the road serviceman, and assist- ant foremen, but excluding office workers, draftsmen, engineers,,the superintendent, the production manager, the night superintendent, the assistant night superintendent, foremen, and night foremen, con, stitute 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 find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties agreed that a current pay roll should be used to determine those eligible to vote. We shall direct that the employees- of the Company -eligible to vote in the election shall be those in the appropriate unit who were 9 There are four assistant foremen listed on the Company's pay roll, but the parties stipulated that J. Smith performs no supervisory, duties and maybe included,within the unit. - STOKERUNIT CORPORATION 343 employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the 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 Rela- tions 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 Stokerunit Cor- poration, 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 Twelfth Region, acting in this mat- ter 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 any such employees who did not work during said 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by District 10, International Association of Machinists, (AFL), for the purposes of collective bargaining. , CHAIRMAN MmLTs took no part in the consideration of the above Decision and Direction of Election.