Racine Universal Motor Co.

In the Matter of RACINE UNIVERSAL MOTOR COMPANY and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUUrURAL IMPLEMENT WORKERS OF AMERICA (CIO) Case No. R-4763.-Decided January 30,'1943 Jurisdiction : aircraft parts manufacturing industry Investigation and Certification of Representatives : existence of question: re- fusal to grant recognition because of alleged existing contract ; contract of indefinite duration terminable on 60 days notice after 6 months had elapsed, held no bar to, when option to terminate was exercised after 6 month period; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding executives, office employees , technicians , and foremen ; stipulation as to. Mr. Francis H. Wendt, of Racine, Wis., for the Company. Mr. Laurence Carlstrom., of Milwaukee, Wis., for the CIO. Mr. David V. Easton, of counsel to the Board. DECISION AND - DIRECTION OF ELECTION' STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (CIO), herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Racine Universal Motor Company, Racine,-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 Racine, Wisconsin, on January 15,1943. The Com- pany and the CIO 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 prejudicial error and are hereby affirmed. ' International Association of Machinists (AFL) was duly notified of the hearing herein, but made no appearance. 47 N. L. R B., No. 17. 106 RACINE UNIVERSAL MOTOR COMPANY 107, Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Racine Universal Motor Company, a Wisconsin corporation with its principal place of business at Racine, Wisconsin, is a wholly owned subsidiary of Wood, Nathan and Virkus Corporation, engaged in the manufacture of airplane propeller parts. Approximately 90 percent of its raw materials is purchased by the parent organization from points outside the State of Wisconsin. All of its finished products are sent to the, parent organization which ships them to points outside the State of Wisconsin. The Company is entirely engaged in war produc- tion under subcontracts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relation Act. II. THE ORGANIZATION, INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESE NTATION In November 1942, the CIO requested the Company to recognize it as the sole bargaining representative of the Company's production and maintenance employees. The Company refused on the ground that there was still in existence a contract between it and the International Association of Machinists, herein called the IAM: Said contract, dated April 1, 1941, was for an indefinite period, terminable by either,party upon 60 days' notice after the first 6 months. On December 4,1942, after being notified by the CIO that it represented a majority of the employees of the Company engaged in maintenance work; the Company by letter gave the IAM notice of termination. We find that the contract is not a bar to the present proceeding. A statement of the Field Examiner, introduced iii evidence at the hearing, indicates that the CIO represents a substantial number of employees in the unit hereinafter found 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. 'The Field Examiner reported that the CIO submitted 22 authorization cards bearing apparently genuine original signatures , of which 19 bore names appearing on the Com- pany's pay roll of January 4, 1943, which contained 23 persons in the appropriate unit. 108 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD IV. TIIE APPROPRIATE. UNIT In accordance with a 'stipulation of the parties, we find that all production and maintenance employees of the Company at its Racine, Wisconsin, plant, excluding, executives, office employees, technicians, and foremen, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were 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 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 ascertainrepresenta- tives for the purposes of collective bargaining with Racine Universal Motor Company, Racine, 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 matter 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 em- ployed 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 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, to determine whether or not they desire to be represented by. International Union, United Automobile; Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.