Excelsior Tool & Machine Co.

In the Matter of EXCELSIOR TOOL & MACHINE COMPANY and INTERNA- TIONAL ASSOCIATION OF MACHINISTS , DISTRICT NO. 9, A. F. OF L. Case No. R-5032.-Decided March 30, 1943 Jurisdiction : machinery manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : all employees, including laborers, but excluding supervisory and office employees. Mr. William C. Dunham, of East St. Louis, Ili, for the Company. Mr. Arvel W. Kinney, of St. Louis, Mo., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION - AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, District No. 9, A. F. of L., herein called the Union,' alleging that a question affecting commerce had arisen concerning the representation of employees of Excelsior Tool & Machine Company, East St. Louis, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ryburn L. Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on March 18, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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 Excelsior Tool & Machine Company is an Illinois corporation with its principal place of business, at East St . Louis, Illinois, where it is engaged, in the manufacture of machinery and machine tools. During 48 N. L. R. B., No 96. 832 0 EXCELSIOR TOOL & MACHINE COMPANY 833 1942 the Comjjany purchased raw materials valued at about $30,000, approximately 60 percent of which was shipped to it from points outside the State of Illinois. During the same period it sold products valued at about $148,000, approximately 83 percent of which was shipped to points outside the State of Illinois. H. THE ORGANIZATION INVOLVED' International Association of Machinists, District No. 9,, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 28, 1942, the Union requested the Company to recog- nize it as the exclusive representative of the Company's employees. The Company refused this request. A statement of the Regional Director, introduced into evidence during the hearing, indicates 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union contends that all employees of the Company, excluding supervisory and office employees, constitute an appropriate unit. The only controversy with respect to the unit concerns laborers. The Company would exclude four employees classified by it as laborers on the ground that they are elderly employees not capable of performing a "full day's" work. Evidence introduced at the hearing indicates that the laborers are closely related, from a functional standpoint, to the other employees who are admittedly in the unit. There is no showing that, because of their alleged infirmities, they perform duties sufficiently separate and distinct to warrant excluding them from the unit. We find that laborers should be included in the unit. We find that all employees of the Company, including'laborers, but excluding supervisory and office employees, constitute a, unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 1 The Regional Director reported that the Union presented 19 authorization cards bear- ing apparently genuine signatures of persons N,,hose names appear on the Company's pay roll of March 10, 1943 There are approximately 21 persons in the appropriate unit. 834 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES - We shall direct that the question concerning representation which has arisen, be resolved by means of an election by secret, ballot among the employees 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 Rela- tions Act, and pursuant to Article -III, Section of-National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ' I . DIRECTED that, as part of the investigation to ascertain' represent- atives for the purposes of collective bargaining with-Excelsior' Tool & Machine Company, East St. Louis, Illinois; 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 Fourteenth 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 employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not'work during the 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 Association of Machinists, District No. 9, affiliated with the American Federation of Labor, for the purposes of collective bargaining.