Newburg Machine Co.

In the Matter of NEWBiRG MACHINE COMPANY, EMPLOYER and Dis- TRICT No. 10, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI- TIONER Case No. 13-RC-630.-Decided June 08, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Philip Licari, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Reynolds, Murdock, and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is a Wisconsin corporation engaged, at its New- burg, Wisconsin, plant in the manufacture of foundry equipment, such as trolleys, ladles, and trolley tip cranes. The Employer sells all its finished products to Modern Equipment Company, from which the Employer receives all its raw material. Modern Equipment Com- pany annually delivers to the Employer about $20,000 worth of raw material, such material having been purchased outside the State of Wisconsin. Modern Equipment Company annually buys from the Employer finished products valued at about $50,000, 90 percent of which it ships to points outside the State. Each year, Modern Equip- ment Company purchases raw materials valued at approximately $400,000, of which 75 percent is shipped to it from points outside the State, and manufactures finished products valued at about $1,000,000, 90 percent of which it ships to points outside the State of Wisconsin. The Employer and Modern Equipment Company have interlocking directorates. Both companies are managed through Modern Equip- ment Company's office, located at Port Washington, Wisconsin. Al- though the Employer concedes the jurisdiction of the Board, the Intervenor contends that inasmuch as the Employer's operations are 84 N. L R B., No. 76. 657 658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD insubstantial, the Board should not assert jurisdiction. As already noted, the Employer's operations are an integral part of those of Modern Equipment Company, which unquestionably is engaged in interstate commerce. We find that the Employer is engaged in com- merce within the meaning of the Act.- 2. The labor organizations named herein claim to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act 2 4. We find, pursuant to agreement of the parties, that the following employees constitute a unit appropriate for the purposes of collective bargaining within. the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's New- burg, Wisconsin, plant, excluding office and clerical employees, guards, professional employees, and supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also exclud- ing employees on strike who are not entitled to reinstatement, to deter- mine whether or not they desire to be represented, for purposes of col- lective bargaining, by District No. 10, International Association of 1 Compare Matter of R, J. Reynolds Tobacco Company, 83 N. L. R. B. 348, Matter of Westinghouse Electric Corporation, 77 N. L. R. B. 1058. 1 International Association of Bridge, Structural and Ornamental Iron Workers, Shop- men's Local Union No 648, AFL, the Intervenor , contends that a contract between it and the Employer is a bar to the instant petition . The contract contains an unlawful provision for maintenance of membership . For this reason , and without regard to other considera- tions, we find that the contract cannot serve as a bar to this proceeding. See Matter of Merchants Fire Dispatch, 83 N. L. R. B. 788; Matter of Laurel Textiles, Inc., 80 N. L. R. B . 262, and cases cited therein. NEWBURG MACHINE COMPANY 659 Machinists, or by International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local Union No. 648, AFL,3 or by neither. 3International Association of Bridge , Structural and Ornamental Iron Workers, Shop- men's Local Union No. 648, AFL, is presently out of compliance with the filing require- ments in Section 9 (f) and ( g) of the Act. The Regional Director is herewith instructed to delete its name from the ballot in the election directed herein if it has not within two weeks from this date, renewed its compliance with Section 9 (f) and (g).