The Van Brunt Mfg. Co.

In the Matter of THE VAN BRUNT MFG. COMPANY, and FEDERAL LABOR UNION No. 23223 (AFL) Case No. R-4441.Decided November 17, 191 Jurisdiction : farm equipment and ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to bargain until certification by'the Board; laid-off employees who had no sufficient expectancy of reemployment held not eligible to vote. Unit Appropriate for Collective 'Bargaining : all production and maintenance employees, excluding all supervisory and office employees, watchmen and guards, and shop clerks ; stipulation as to. Mr. H. M. Pike, of Moline, Ill., for the Company. Mr. Charles Heymanns, of Milwaukee, Wis., for the Union. Mr. Louis A. Pontello, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by, Federal Labor Union No. 23223, affili- ated with the American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Van Brunt Mfg. Company, Horicon, Wisconsin, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rosell, Trial Examiner. Said hear- ing was held at Horicon, Wisconsin, on October 27, 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. During the hearing, the Company moved to dismiss the petition on the ground that the Union did not represent a substantial number of employees. The Trial Examiner reserved ruling thereon. The motion isi hereby denied. 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 Board makes the following : 45 N. L. R. B., No. 96. 634 THE VAN BRUNT 'MFG. COMPANY FINDINGS.OF FACT I. THE BUSINESS OF THE COMPANY 635 The Van Brunt Mfg. Company, a Wisconsin corporation with its offices and plant in Horicon, Wisconsin, is engaged in the manufacture of farm equipment, and materials for the armed forces. The. Com- pany purchases raw materials valued in excess of $500,000, the major- ity of which is shipped to it from points outside the State of Wiscon- sin. It sells annually products valued at approximately $3,000,000, of which 90 percent is shipped to points outside the State of Wis- consin. The Company admits that it is engaged in commerce i6thin the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Federal Labor Union No. 23223, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 4, 1942, the Union notified the Company that it had filed a petition 'for investigation and certification of representatives with the Board and requested the Company to recognize it as the collec- tive bargaining agency for the Company's employees. On September 9, 1942, the Company declined to recognize the Union until such time as'the Union is certified by the Board. A report of the Regional Director, introduced into evidence, and a statement of the Trial Examiner, disclose that the Union- represents a substantial number of employees in the unit hereinafter found 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. 'The Regional Director reported that the Union submitted 120 application cards, all bearing apparently genuine original signatures and dated as follows • 86 in August 1942 ; 20 in September 1942 ; 12 in October 1942 ; and 2 undated Ninety-six of the signatures are the names of persons on the Company 's "normal" pay roll of April 1, 1942, containing 331 employees in the alleged appropiiate unit. A comparison of the cards with the Company's pay roll of September 20, 1942 , containing 209 names] reveals that 48 signa- tures are the names of persons on such pay roll. _ At the hearing the Trial Examiner reported that the Union submitted to him 13 applica- tion cards , 11 of which bore apparently genuine original signatuu res Eleven of the cards were dated in October 1942 and 2 dated . in September 1942 Eleven of the signatures are the names of persons appearing on the Company 's pay roll of April 1, 1942. Two of the 13 signatures appear on the Company's September 20, 1942, pay roll. 636 DECISIONS . OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees, excluding all supervisory and office employees, watchmen and guards, and shop clerks, constitute a unit appropriate fos 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 Union urged that the pay roll of April 1, 1942, be used as a basis of determining eligibility to vote in the event the Board directed an election for the reason that such pay roll would permit certain laid-off employees to vote in the election. The Company suggests the use of the pay roll immediately preceding the date of the Direction of Election. It appears that after April 1, 1942, the Company was forced to reduce its personnel from approximately 331''employees to the present staff of 75 employees as a result of a curtailment of production caused by certain governmental production limitations. The Company does hot consider these employees as temporarily laid off ;.the president of the' Company testified that there was no foreseeable development which would permit the rehiring of the laid-off employees. The Company does not anticipate an increase in production as it has not been able to secure war contracts because of the lack of necessary machinery and equipment. So far as appears, the employees laid off do not have any seniority or preferential rights to future jobs. Under these circumstances, we find that persons released as a result of cur- tailed operations do not have a sufficient employment expectancy to entitle,them to vote as employees temporarily laid off. In accordance with our usual practice, we shall direct that the per- sons eligible to vote in,the election shall be those in the appropriate unit who were employed during the pay-roll period immediately pre- ceding 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. THE VAN BRUNT MFG. COMPANY 637 DIRECTED that, as part of the investigation,to ascertain represent- atives for the purposes 'of collective bargaining with The Van Brunt Mfg. Company, Horicon, 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 em- ployees 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 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 employees who have since quit or been discharged for cause,' to determine whether or not they desire to be represented by Federal Labor Union No. 23223, affiliated with the American Fed- eration of Labor, for the purposes of collective bargaining.