The Ingersoll Milling Machine Co.

In the Matter of THE INGERSOLL MILLING MACHINE COMPANY and IN- TERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & IMPLEMENT WORKERS OF AMERICA (C. I. 0.) Case No. 13-R-,0623.-Decided November 14, 1944 Fyffe & Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Charles J. Fane, of Rockford, Ill., for the Union. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America (C. I. 0.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Ingersoll Milling Machine Company, Rockford, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John R. Hill, Trial Examiner.' Said hearing was held at Rockford, Illinois, on Septem- ber 26,1944. The Company and the Union appeared and participated. 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Ingersoll Milling Machine Company, an Illinois corporation, is engaged in the manufacture of machinery and machine tools at its plant in Rockford, Illinois. During the year 1943, the Company pur- Pattern Makers League of North America , Rockford Ass'n, was duly served with Notice of Hearing , such service being acknowledged , but was not represented at the hearing. 69 N. L. R B., No. 52. ' 251 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chased- raw materials consisting of iron castings, bronze castings, steel forgings, and bars, amounting to over $100,000, in value, more than 20 percent of which was shipped to the plant from points outside the State of Illinois. During the same period, the Company's finished products amounted to in excess of $150,000, over 50 percent of which was sold and shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION 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. III. THE QUESTION CONCERNING REPRESENTATION The Union, by a letter dated August 18, 1944, notified the Company that it represented a majority of the employees and requested recog- nition for the purposes of collective bargaining. At the hearing, the Company admitted that it received this letter, and further stipulated that it made no reply thereto. ' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees 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 Union seeks a unit of production and maintenance employees, including guards and watchmen; shop janitors and sweepers, time clerks, shipping and receiving clerks, stock chasers, inspectors, truck drivers, truckers and laborers, millwrights and millwrights' helpers, crane operators, electricians and helpers, erectors, painters, machinists, machine operators and operators, machinists' appentices, service and installation men, and storekeepers, but excluding pattern makers, pattern makers' apprentices and helpers,4 engineers, employees work- 2 The Board agent reported that the Union presented 152 membership application cards, and that there are approximately 400 employees in the appropriate unit. At the hearing, the Union submitted 14 additional membership application cards , at which time a repre- sentative of the Company claimed that there are approximately 525 employees in the appropriate unit. 3 These employees were militarized , but have recently been demilitarized. 4-The Pattern Makers League of North America is the recognized bargaining representa. tive of pattern makers, pattern makers' apprentices and pattern makers' helpers. THE INGERSOLL MILLING MACHINE COMPANY 253 ing in or out of the personnel department, general office employees, designers and draftsmen, industrial nurses, office janitors, executive department heads, administrative assistants, stock record clerks, pro- duction record clerks, time-study clerks, foremen and supervisors. The Company takes no position with respect to the appropriateness of a collective bargaining unit.' The Union seeks to exclude the office janitors on the ground that their, duties are performed at night, and are confined to the Com- pany's general offices. They are under the supervision of the night superintendent, and since the record reveals no functional variation between the office and shop janitors, we shall include all janitors in the unit. The Union would include time clerks whose duties are to check the time of the production and maintenance employees. They are respon- sible to the paymaster. We shall exclude them." We find that all production and maintenance employees of the Com- pany, including guards and watchmen, shipping and receiving clerks, stock chasers, inspectors, truck drivers, truckers and laborers, mill- wrights and millwrights' helpers, crane operators, electricians and helpers, erectors, painters, machinists, machine operators and dpera- tors, machinists' apprentices, service and installation men, store- keepers, office and shop janitors, and sweepers, but excluding pattern inakers, pattern makers' apprentices and helpers, time clerks, stock record clerks, time-study clerks, production record clerks, employees working in or out of the personnel department, general office em- ployees, designers, draftsmen, industrial nurses, executive department heads, administrative assistants, foremen, and all other supervisory employees 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 an election by secret ballot among the em- 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 Direc- tion. The Company employs a part-time high school student who divides his day equally between school and work. During the vacation period 6 See Matter of Scott & Williams, Incorporated, 58 N. L. R. B 249 ; Matter of Goodman Manufacturing Company, 58 N. L •R. B. 531; Matter of Sullivan Dry Dock & Repair Corp, 56 N. L R. B. 582. 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this employee works full time . As in similar cases involving students working as regular part-time employees , we shall permit the student to participate in the election e 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with The Ingersoll Milling Machine Company, Rockford, 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, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including the regular part- time employee, and 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 those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Work- ers of America (C. I.0.), for the purposes of collective bargaining. ° See Matter of Miller-Simons, incorporated, 57 N. L. R. B. K6; Matter of Gene? al Petroleum Corporation of California, 56 N L. R . B 1366.