Wisconsin Motor Corp.

In the Matter Of WISCONSIN MOTOR CORPORATION and INTERNATIONAL UNION5 UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (CIO) Case No. R-4915.-Decided March 15, 1943 Jurisdiction : combustion engines manufacturing. Investigation and Certification of Representatives : existence of question: re- fusal to grant union recognition because of contract with rival union ; contract renewable for yearly terms subject to defeasance upon thirty days' notice, no bar, when its initial term was about to expire and petitioner gave timely notice of its claim ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees with specified inclusions and exclusions agreed to by parties found appropriate except as to deputized guards"who were excluded in accordance with Board's usual policy. - Mr.. Clarence A. Meter, for the Board. Mr. Arthur A. Mueller, of Milwaukee, Wis., for the Company. Mr. Max Raskin, of Milwaukee, Wis., for the C. 1. 0. Mr. Daniel Previant, of-Milwaukee, Wis., for the A. F. L. Mr. Wallace E. Royster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION -STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America (C. I. 0.), herein called the C. I. 0., alleging that a, question affecting commerce had arisen concerning the representation of employees of Wisconsin Motor Corporation, West Allis, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Persons, Trial Examiner.- Said hearing was held at Milwaukee, Wisconsin, on Feb- ruary 20, 1943. The Company, the C. I. 0., and Local No. 283, Inter- national Union, United Automobile Workers of America, American Federation of Labor, herein called the A. F. L., appeared, participated, 48 N. L R B , No. 14: 63 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. Upon the entire, record in the case, the Board makes -the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wisconsin Motor Corporation is a Wisconsin corporation with its plant,and offices in West Allis, Wisconsin, where it is engaged in the manufacture of air cooled, heavy duty, internal combustion engines. The principal raw materials used by the Company are steel, grey iron, aluminum, copper, and other metals. During the period from October 1, 1941, to September 30, 1942, the Company used at it's West Allis plant raw materials valued at approximately $5,000,000, of which 15 or 20 percent was received by the Company from points out- about side Wisconsin. During the same period, the Company manufactured finished products valued at approximately $10,450,000, of which about 60 to 65 percent was shipped from the West Allis plant to points out- side, Wisconsin. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of In- dustrial Organizations, is a labor organization, admitting to member- ship employees of the Company. Local No. 283, International Union, United Automobile Workers of America, affiliated with the American Federation of Labor, is a labor organization, admitting to membership employees of the Company. . III. THE QUESTION CONCERNING REPRESENTATION On January 21; 1943, the C. I. O. advised the Company that' it represented a majority of the employees of the Company at the West Allis plant and requested recognition as the bargaining representative. The Company refused to grant such recognition, stating that it was under contract with the A. F. L., and that, to the best 'of its knowl- edge and belief, the A. F. L. represented a majority of the Company's employees. WISCONSIN MOTOR CORPORATION ' 65 On May 1, 1942, the Company and the A. F. L. entered into a' col- lective bargaining contract, whereby the A. F. L. was recognized as the exclusive bargaining. representative of the Company's employees. The contract provides that it shall remain in effect for 1. year and from year to year thereafter, unless notice of termination or modi- fication is given by either party 30 days prior to any anniversary date. The A. F. L. asserts the contract as a'bar to a present determination of representatives. Since the C. I. O. gave timely notice of its claim and since the initial term of the contract is about to expire, however, we find that the contract is not a bar. The statement of the Regional Director indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found 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 agree that the unit covered by contract with the A. F. L. is appropriate. The Company employs eight watchmen, of whom six are uniformed, are described as auxiliary military police or plant guards, and are engaged in plant protection work. All are covered by the contract. In accordance with our usual policy, we shall exclude the plant guards and include the watchmen. We find that the production and maintenance employees of the Company at its plant in West Allis, Wisconsin, who are paid on an hourly or piece-rate basis, including among others, set-up men, tool makers, heat treating employees, inspectors, material control em- ployees, truckers, powerhouse employees, shipping department em- ployees, and watchmen, but excluding superintendents, office and cleri- cal employees, foremen, supervisory employees, time-study employees, confidential clerks, and plant guards,, 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 shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- 'The Regional Director stated that the C. I. O. submitted 472 designations, of which 466 bore apparently genuine, original signatures . Four hundred and fifty-four designa- tions here dated in January and February 1943 and bore the names of persons whose names appear on the Company's pay roll of January 28, 1943. There are 706 employees in the unit found appropriate. 'The A. F. L. relies upon its contract with the Company 'as evidence that it represents a substantial number of employees. . 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 ascertain repre- sentatives for the purposes of collective bargaining with Wisconsin Motor Corporation, West Allis, 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 super- vision 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 all employees of the Company 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 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 they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Work- ers of America (C. I. 0.), or by Local No. 283, International Union, United" Automobile Workers of America, American Federation of Labor, for the purposes of collective bargaining, or by neither.