Aetna Ball Bearing Manufacturing Co.

In the Matter of AETNA BALL BEARING MANUFACTURING COMPANY and UNITED FARM EQUIPMENT Al41D METAL WORKERS OF AMERICA, C. I. O. Case No. 13-R-0054.-Decided November 13, 1943 Mr. Carl F. Rose, Chicago, Ill., for the Company. Meyers ct Meyers, by Y112% Ben Meyers, of Chicago, Ill., for the C.C.I.O. Mr. J. Glenn Shehee, of Chicago, Ill., for the Association. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Farm Equipment and Metal Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting. commerce had arisen concerning the representa- tion of employees of Aetna Ball Bearing Manufacturing Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George S. Freudenthal, Jr., Trial Examiner. Said hearing was held at Chicago, Illinois, on October 29, 1943. At the commence- ment of the hearing, the Trial Examiner granted a motion of Aetna Ball Bearing Employees Association, herein called the Association, to intervene. The Company, the C. I. 0., and the Association appeared at and participated in the hearing, 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 affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 53 N. L. R. B., No. 107. 600 ' AE'LNA BALL BEiARWIG MANUFACTURING COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 601 Aetna Ball Bearing Manufacturing Company is an Illinois corpo- ration with its principal place of business at Chicago, Illinois, where it is engaged in the manufacture of ball and roller bearings, washers, and sleeves. During 1942 the Company purchased raw materials i alued at about $1,527,725, over 80 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company manufactured products valued at about $4,582,814, over 80 percent of which was shipped to points outside the State of Illinois. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. U. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Aetna Ball Bearing Employees Association is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 15, 1943, the C. I. O. requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request until such time as the C. 1. 0. is certified by the Board. On December 5, 1941, the Company and the Association entered into an exclusive bargaining contract. Said contract provides that it shall remain in full force and effect until December 31, 1942, and from year to year thereafter unless either party thereto notifies the other of a desire to terminate at least 60 days prior to any annual expiration date. The contract was automatically renewed in 1942. Inasmuch as the C. I. O. made its claim upon the Company prior to October 31, 1943, the date upon which the contract would have renewed itself for another year, we find that the contract does not constitute a bar to the instant proceeding. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the C. I. O. represents a substantial num- ber of employees in the unit hereinafter found to be appropriate.' ' The Regional Director reported that the C. I. O. presented 257 application for member- ship cards bearing apparently genuine signatures of persons whose names appear on a current pay roll of the Company. There are approximately 554 employees in the appropriate unit. The Association did not present any evidence of membership among employees in the unit but relies upon its contract as evidence of its interest among such employees. 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 We find, in agreement with a stipulation of the parties, that all production and maintenance employees at Plants A and B of the Com- pany, including group leaders, set-up men, receiving clerks, shipping clerks, and instrdetors, but excluding clerieal employees, watchmen; foremen, assistant foremen, heads or foremen of the shipping, receid- ing, and dispatching departments, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status 'of employees, or effectively recommend such action, 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 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. The C. I. O. requests that it appear on the ballots as "United Farm Equipment and Metal Workers of America, Local 151, C. I. 0." The request is hereby granted. 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 Aetna Ball Bear- ing Manufacturing Company, Chicago, 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 Thirteenth Region, act- ing in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 AETNIA' BALL BEARING MANIUF'ACTUMNG COMPANT 603 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 per- son 'at the polls, but excluding any who have since quit or been discharged for cause and who have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Farm Equipment and Metal Workers of America, Local 151, C. I. 0., or by Aetna Ball Bearing Employees Association, for the purposes of collective bargaining, or by neither.