Allis-Chalmers Manufacturing Co.

In the Matter of AI;LIs-CHALMERS MANUFACTURING COMPANY and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA,.C.I.O. Case No. R-5400 SUPPLEMENTAL DECISION AND DIRECTION August 07, 1943 On June 8, 1943, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in this pro- ceeding., Pursuant to the Direction of Election, an election by secret ballot was conducted on July 2 by the Acting Regional Director for the Eighteenth Region (Minneapolis, Minnesota). On July 5, 1943, the Acting Regional Director, acting pursuant to Article III, Sec- tion 10, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and its results, the Acting Regional Director reported as follows : Approximate number of eligible voters- --------------------- 494 Total ballots cast-- ---------------------------------------- 466 Total ballots challenged------------------------------------ 19 Total void ballots---------------- -------------------------- 3 Total valid votes counted------------------------- _------- 444 Votes cast for United Farm Equipment and Metal Workers of America---------------------------------------------- 220 Votes cast for Lodge 1109, International Association of Ma- chinists-------------------------------------------------- 222 Votes cast for Neither------------------------------------ 2 In the Election Report, the Acting Regional Director considered the challenges, all of which were by the United Farm Equipment and Metal Workers of America, herein called the C. I. 0., and recommended that they be sustained and the ballots not be counted on the ground that the employees involved were employed either in a supervisory or clerical capacity; he further recommended that since neither of the labor organizations appearing upon the ballot had been designated and selected by a majority of the employees in the appropriate unit, that the Board dismiss the petition unless 1 50 N. L. It. B. 237. 52 N L. R. B, No. 35. 237 238 DECISWNS OF NATIONAL LABOR RELATIONS BOARD one of the contesting labor organizations requested a run-off election within 10 days.2 On July 10, 1943, the International Association of Machinists, .herein called the I. A. M., filed Objections to the Election Report. These objections alleged, in substance, that the recommendations of the Acting Regional Director with regard to the disposition of the challenged ballots were incorrect and that the ballots should be counted. On July 12, 1943, the Regional Director, after considera- tion of the objections of the I. A. M., issued and duly served upon the parties a Report on Objections, in which he recommended that the Board direct a hearing on said objections. Pursuant to an order of the Board, dated July 23,-1943, and pur- suant to notice duly served upon the parties, a hearing was held at La Crosse, Wisconsin, on August 6, 1943, before James C. Batten, Trial Examiner. The Board, the I. A. M., and the C. I. O. ap- peared,s participated, and all parties 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 af- firmed. All parties were afforded opportunity to file briefs with the Board. Upon the record so made,' the Election Report, the objections of the I. A. M., the Report on Objections, and the record previously made, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. Maynard Olson was challenged by the C. I. O. on the ground that he is a supervisory employee. At the time the eligibility lists were furnished to the Board, he was employed as a production worker; however, on July 2, 1943, Olson was promoted to the posi- tion of assistant foreman, and now has the power to make recom- mendations with regard to the status of the employment of those under him. Although this position is temporary, the record reveals that it is for an indefinite duration.4 We agree with the recommen- dation of the Acting Regional Director, and find that Olson is a supervisory employee. We shall, therefore, consider his ballot in- valid. 2. Leon Bechtel, Marion Schraeder, and -Wilma Lawener are em- ployees engaged in the time-study department, the employees of which were expressly excluded from the appropriate unit in the 2 On July 6, 1943, the C. I. 0. requested a run -off election. $ The Company did not enter an official appearance. * The record indicated that in the event of curtailment of production , according to the custom of the Company, temporary supervisors would return to their former status. ALUIS-ICHALMERS MANUFACTURING COMPAW 239 Decision and Direction of Election issued herein.5 At the hearing on objections, the I. A. M. withdrew its objections to the recom- mendations set forth in the Election Report. Accordingly, we shall declare their ballots invalid. 3. Willard Lund, Andrew Wang, Ralph Dawson, August Bruemmer, David Vaaler, Edward Raatz, Boyd Dacey, Arleen Ki1vm, Shirley Siegel, Shirley Deck, Rita Banasik, Anita Rudolph, Viola Stinson, Doris Panke, and Olive Wojohn are clerical employees in the stores de- partment, which is part of the manufacturing or production depart- ment under the general supervision of the works manager. These em- ployees are directly under the supervision of the person in charge of the shipping, receiving, and stores departments. The work of these em- ployees is performed in the plant, and they are not under the super- vision of the office. They are hourly paid employees and their wages are dependent upon a scale negotiated by the I.A.M. for all clerical employees in the production department. The vacations of these em- ployees are figured in the same manner as those of other employees in the production department. The Company considers that these em- ployees are production clerks, and that they come within the purview of that group insofar as collective bargaining is concerned. In view of the foregoing, we disagree with the recommendation of the Acting Regional Director, and find that these employees were entitled to vote. For the reasons indicated above, we conclude and find that Maynard Olson, Leon Bechtel, Marion Schraeder, and Wilma Lawener were not eligible to vote in the election and their ballots are hereby declared invalid. We further find that Willard Lund, Andrew Wang, Ralph Dawson, August Bruemmer, David Vaaler, Edward Raatz, Boyd Dacey, Arleen Kihm, Shirley Siegel, Shirley Deck, Rita Banasik, Anita Rudolph, Viola Stinson, Doris Panke, and Olive Wojohn were eligible to vote in the election and their ballots are hereby declared valid. Since the re- sults of the election may depend on the counting of the 15 challenged ballots declared valid, we shall direct that they be opened and counted. DIRECTION 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 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby Dnux n that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Allis-Chalmers Manufacturing Company, La Crosse, Wisconsin, the Regional Director s See footnote 1. 240 VE'C'LSII-ONS OF NATIONAL LABOR RELATIONS BOARD for the Eighteenth Region shall, pursuant to the Rules and Regulations of the Board set forth above, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, within ten (10) days from the date of this Direction open and count the ballots of Willard Lund, Andrew Wang, Ralph Dawson, August Bruemmer, David Vaaler, Edward Raatz, Boyd Dacey, Arleen Kihm, Shirley Siegel, Shirley Deck, Rita Banasik, Anita Rudolph, Viola Stinson, Doris Panke, and Olive Wojohn, and thereafter prepare and cause to be served upon the parties in this proceeding a Supplemental Election Report, embodying therein his findings and his recommendations as to the results of the ballot. - CHAIRMAN MILLIs took no part in the consideration of the above Supplemental Decision and Direction.