Hayssen Manufacturing Co.

In the Matter of HAYSSEN MANUFACTURING COMPANY and UNITED- FARM EQUIPMENT AND METAL, WORKERS OF AMERICA, C. I. O. Case No. 13-R-40658.-Decided November 17,19.44. Bucher, Currie, Federer & Grote,'by Mr. George R. Currie, of She- boygan, Wis., for the Company. Mr. Charles H. Coburn, Jr., of Sheboygan, Wis., 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 United Farm Equipment and Metal Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Hayssen Manufacturing Company, Sheboygan, Wis- consin, herein called the Company, the national Labor Relations Board provided for an appropriate hearing upon due notice before Robert Drake, Trial Examiner. Said hearing was held at Sheboygan, Wis- consin, on October 30, 1944. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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 : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hayssen Manufacturing Company is a partnership operating a plant at Sheboygan, Wisconsin, where it is engaged in the manufacture of bread wrapping and slicing machinery and war materials. During 1943 the Company purchased raw materials valued in excess of $250,000, 75 percent of which was shipped to it from points outside the 59 N. L. R. B., No. 72. 336 - HAYSSEN MANUFACTURING COMPANY 337 State of Wisconsin. During the same period the Company sold-prod- ucts valued in excess of $50,000, over $50,000 worth of which was shipped to points outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Farm Equipment and Metal Workers of America is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 7, 1944, the Union requested the Company to recog- nize it as exclusive bargaining representative of the Company's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 Act. IV. THE APPROPRIATE UNIT We find, in agreement with a stipulation of the parties , that all production, and maintenance employees of the Company, including inspectors , but excluding office and clerical employees, road service employees, the plant engineer, plant superintendent, and any 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 means of an election by secret ballot among the employees in the appropriate unit who were employed 'The Field Examiner reported that the Union presented 37 authorization cards. There are approximately 75 employees in the appropriate unit. 338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 RelatiQns Board by Section 9 (c) of the National Labor Re- lations 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 representa- tives for the purposes of collective bargaining with Hayssen Manu- facturing Company, Sheboygan, Wisconsin, 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 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 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Farm Equipment and Metal Workers of America, C. I. 0., for the purposes of collective bargaining.