Hubbard and Co.

In the Mattel' of BEALL TOOL DIVISION OF HUBBARD AND COMPANY and DISTRICT LODGE No. 9, INTERNATIONAL ASSOCIATION OF MACHINISTS, A.F.L. Case No. R-4291.-Decided October 22, 1942 Jurisdiction : bomb-lug, lock-washer, and lock-pill manufacturing industry. Investigation and Certification of Representatives : existence of question: stipu- lation that Company refused to accord petitioner recognition until certified by the Board; employees laid-off as result of temporary suspension of de- liveries on contracts, held eligible to vote; election necessary. - Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of Company's plants, including' shipping department employees and working foremen, but excluding superintendents, nonworking foreman, watchmen, and office and clerical employees ; stipulation as to. Mr. Carl King Hoagland, of Alton, Ill., for the Company. Mr. Pat McCartney, of East Alton, Ill., and Mr. William Hamble- ton, of St. Louis, Mo., for the Union. Miss Melvern R. Krelowv, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District Lodge No. 9, International Association of Machinists, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Beall Tool Division of Hubbard and Company, East Alton, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Alba B. Martin; Trial Examiner. Said hearing was held at Alton, Illinois, on Sep- tember 18 and 19, 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 45 N. L. R. B., No. 1. 493508-43-vol. 45-1 1 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bearing on the issues . 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hubbard and Company operates plants in the States of Pennsyl- vania, Illinois, and California , among others. This case involves the Company's plant located at East Alton , Illinois, which is operated as a division of Hubbard and Company and is known as the Beall -Tool Division of Hubbard and Company . The Company manufactures at its East Alton plant bomb-lugs, lock-washers, and lock-pins, which finished products are valued in excess of $50,000 annually. Of the raw materials which the Company purchases for the manufacture of bomb-lugs none are shipped from points outside the State of Illinois to the plant, but all the bomb-lugs manufactured by the Company are shipped from the plant to points outside the State of Illinois. Fifty percent of the raw materials purchased by the Company for the manufacture of lock-washers is shipped from points outside the State of Illinois to the plant , and 90 percent of the lock-washers manufactured is shipped from the plant to points outside the State of Illinois. All of the raw materials purchased by the Company for the manufacture of lock -pins are shipped from points outside the State of Illinois to the plant , and all of the lock-pins manu- factured are shipped from the plant to points outside the State -of Illinois . The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATION INVOLVED -, District Lodge No. 9,, International Association of Machinists, affiliated with the American Federation of Labor, is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen in that the Union claimed to represent a majority of the Company's employees and requested recognition as the exclusive bargaining agent for the employees. The Company refused to recognize the Union until it is certified by the Board. A report prepared by the Regional Director and introduced- in evidence at the hearing indicates that the Union represents a sub BEALL TOOL DIVISION OF HUBBARD -AND COMPANY - 3 stantial 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. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company at its East Alton, Illinois, plant, including shipping department employees and working foremen, but excluding superintendents, non-working foremen, watchmen, and office and clerical employees constitute 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 believe that the policies of the Act will best be effectuated if the question concerning representation which has arisen if resolved by an election by secret ballot. The only question iii dispute is the eligibility of 88 persons employed by the Company in its bomb-lug department, who were laid off on August 14, 1942. The Union contends that these employees have not obtained permanent employment elsewhere, desire to return to work for the Company, and should be eligible to vote. The Company contends that since there is no likelihood of reemployment, of all these persons, and since some of them have obtained permanent employment elsewhere, they should not be eligible to vote. The Company's normal complement before its defense work was between 30 and 35. Sometime in February 1942, the Company began the manufacture of bomb-lugs. The 88 employees in question were hired to work in this department between the latter part of March ' The Regional Director reported that the Union presented 74 authorization -for-represen- tation cards in the A F of L. bearing apparently genuine signatures , 6 dated in July, 67 dated in August, 1942, and 1 undated Of the 74 cards submitted, -72 bear the names of persons whose names appear on the Company's pay roll of August 14 , 1942 This pay roll includes the names of 114 employees in the unit Included in the 72 are 49 who signed both A. F. of L. and Machinists cards . The Regional Director further reported that the Union also presented 55 authorization-for-representation cards in the International Asso- ciation of Machinists, 1 dated August 7. 1942, and the remainder dated between August 21 and 25, 1942. Of the 55 cards submitted, 52 bear apparently genuine signatures, 2 are duplicates , and 53 bear signatures of persons whose names appear on the Company's pay roll of August 14, 1942 , 49 of whom also signed A F of L. cards The Regional Director also reported that the Company submitted a pay roll as of August 27, 1942 , which contains the names of 30 persons within the unit presently employed , not including employees tem- porarily laid off The Union presented cards of 8 employees working on August 27, 1942. Seven of these employees signed both Machinists and A. F. of L . cards. 4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD acid July ' 1942. The Company had contracts for the manufacture of these lugs, originally , with 11 prime contractors . The Company completed five contracts before August 1942. The remaining 6 con- tractors requested temporary suspension of deliveries on their con- tracts because they were overstocked . The Company, because of this temporary suspension , laid off the 88 employees in question , hoping that it would be able to reemploy them within 3 or 4 weeks. There have been requests by some of the prime contractors for redelivery of lugs in September , October, December, 1942, and January 1943. The Company asserts that it can meet these demands by the reemploy- ment of from 10 to 15 of the employees laid off. It admits , however, that it has no control or knowledge of future needs of bomb-lugs, but claims that from present indications the probability of reemployment of more than 10 or 15 employees is very remote. These employees were laid off on the basis of seniority , and the reemployment of the required additional employees in the future will be on a seniority basis from among' the laid-off employees. The Company admits that they were not discharged and that it still carries their cards in the time card rack. We are of the opinion that any doubt as to the interest of laid-off employees, who enjoy seniority rights, in their former jobs, should be resolved in favor of giving them a voice in the selection of repre- sentatives through whom they - may seek to protect their rights. We find, therefore, that these employees have an interest in deter- mining the representatives to be chosen in the coming election for the purposes of collective bargaining , and that they are therefore eligible to vote. - We shall direct that an election by secret ballot be held among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set ;forth in said Direction, including the 88 employees who were laid off. 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 Relations Act, 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 to ascertain representa- tives for the purposes of collective bargaining with Beall Tool Division of Hubbard and Company , East Alton , Illinois, an election by secret ballot shall be conducted as early as possible, but not later BEALL TOOL DIVISION OF HUBBARD AND COMPANY 5 than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Director for the Fourteenth 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 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, and including the 88 employees 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 District Lodge No. 9, International Association of Machinists, A. F. of L., for the purposes of collective bargaining.