Enterprise Wheel & Car Corp.

In the Matter of ENTERPRISE .WHEEL, & CAR CORPORATION and INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFL Case No. R-4999.-Decided March 26, 1943 Jurisdiction : automotive equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord the union recognition because of its defeat in a consent election conducted less than a year prior to its present request; consent election con- ducted eight months prior to present decision, in which no representative was selected,, held no bar ; election necessary. Unit Appropriate for Collective Bargaining : production, maintenance, and tech- nical employees, excluding office, clerical, and supervisory employees; agree- ment as to. Mr. Leonard R. Hall, of Bristol, Va., for the Company. Mr. C. C. Cochran, of Bristol, Va., for the I. A. M. Mr. Marvin C. l%Vahl, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, AFL, herein called the I. A. M., alleging that a question affecting com- merce had arisen concerning the representation of employees of Enter- prise Wheel & Car Corporation , Bristol, Virginia , herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Anthony E. Molina, Trial Ex- aminer. Said hearing was held at Bristol , Virginia, on March 12, 1943. The Company and the I. A. M. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-exam- ine 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 • Enterprise Wheel & Car Corporation is a Virginia corporation, engaged at Bristol, Virginia, in the manufacture, sale, and distribu- 48 N. L. R. 13, No. 79. 644 i, • • ;ENTERPR'ISE WHEEL. & CAR CORPORATION 645 tion of mine cars, truck trailers, and ship parts. The Company's principal raw materials are steel, and steel products, having an annual purchase value of approximately $1,000,000; 95 percent of said raw materials is shipped, to the Company from, .points outside Virginia. The annual sales value of the Company's •fihished products amounts to approximately $2,000,000; 90 percent of said products is shipped to points outside Virginia. IT. TI-IE, ORGANIZATION INVOLVED International Association of Machinists is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing that- on or about February 15, 1943, the Company refused to recognize the I. A. M. as the exclusive bar- gaining representative of` the employees covered by the petition on the ground that the I. A. M. was defeated in a consent election held in August 1942.1 At the hearing, the Company contended that the Board should not direct an election at this time because an election had been held within the past year. , A statement of the Regional Director introduced into evidence and a statement by the Trial Examiner at the hearing indicate that the I. A. M. represents a majority of the employees in the unit herein- after found appropriate .2 All of these cards are dated subsequent to the election of August. 1942. Since no collective bargaining repre- sentative was chosen as a result of that election, and in view of the fact that a majority of the Company's employees in the appropriate unit appear to have indicated since that election a desire for repre- sentation by the I. A. M., ive believe that the policies of the Act will best-be effectuated by conducting an election on the present petition.3 We find that a question affecting connnerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6), and (7) of the Act. 1 As a result of the petition filed in Matter of Enterpi ise Wheel d Car Corp and Inter- national Assn of Machinists (Case No. V-R-1083), a consent election was conducted by the Board on August 7, 1942 The Regional Director reported that in that election 252 ballots were cast , of which 114 were for , and 138 against, the I. A. M 2 The Regional Director stated that the I. A M submitted 185 authorization cards, all bearing apparently genuine signatures All of the cards were dated in February 1943, except one , which -was dated in January 1943 While the Company refused to submit to the Regional Director a copy of its current pay roll in order to permit a check of the author- ization cards, it appears by stipulation at the hearing that 350 pei sons are employed in the unit hereinafter found to be appropriate The Trial Examiner stated that the I A M. submitted to hum 36 additional authorization cards, 9 of which were dated in February 1943, and 27 in March 1943, and all of said cards bore signatures which appeared to be genuine. 3 See Matter of Detroit Nut Company and Local 174, United Automobile, Aircraft t Agri- cultural Implement Woikers of America, C I. 0., 39 N L. R B. 739, and cases therein cited I 646 DECISIONS OF NATIONAL LAB-OR RELATIONS BOARD IV. THE APPROPRIATE UNIT The parties agree, and' we find, that all production, maintenance, and technical employees, excluding office, 'clerical, and supervisory employees, 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 employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. 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 Enterprise Wheel & Car Corporation, Bristol, Virginia, 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 Fifth 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 em- ployees of the Company within 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 vaca- tion 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 employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machinists, AFL, for the purposes of collective bargaining.