Mattison Machine Works

In the Matter Of MATTISON MACHINE WORKS and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA (C. I. 0.) Case No. 13-R-2847.-Decided April 5, 1945 Messrs. Alan C. Mattison and R. W. Mattison, of Rockford, Ill., for the Company. Messrs. E. V. Roose and H. A. Benson, of Rockford, Ill., for the Union. Mr. Julius Kirle, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio & Machine Workers of America (C. I. 0.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Mattison Machine Works, Rockford, Illinois, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing was held at Rockford, Illinois, on February 15,1945. 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 evi- dence 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 I. THE BUSINESS OF THE COMPANY Mattison Machine Works, an Illinois corporation, operates a plant located at Rockford, Illinois, where it is engaged in the manufacture of industrial machinery. During the calendar year 1944, the Com- 61 N. L. R. B., No. 47. 343 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany purchased raw materials consisting of cast iron, steel, bronze, aluminum, and malleable iron valued at in excess of $50,000, of which more than 50 percent was shipped to the Company from points outside the State of Illinois. During the same period, the Company's sales exceeded $100,000, of which more than 50 percent was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about January 15, 1945, the Union requested recognition of the Company as the exclusive bargaining representative of the Com- pany's production and maintenance employees. The Company refused and still refuses so to recognize the Union. 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 parties are generally agreed that the appropriate unit should comprise all of the Company's production and maintenance employees, including receiving and shipping room employees, stockroom em- ployees, truck driver, janitors, inspectors, firemen, and leadmen, but excluding office and clerical employees, cost department employees, the record clerk in the receiving room, engineering department em- ployees, timekeepers, stock control clerks, production control clerks, deputized guard, carpenter, the leadman on the foundry night shift, plant engineer, foremen, and all other supervisory employees. They are in disagreement, however, concerning the status of the employee discussed below, whom the Union would include and the Company exclude. 1 The Field Examiner reported that the Union submitted 120 cards , of which 101 were dated from July 1944 , to January 1945, and 9 were undated ; and that there are approxi- mately 225 employees in the claimed appropriate unit. The Union submitted 38 additional applications at the hearing. MATTISON MACHINE WORKS 345 Charles Nether works as a production employee in the core room. During the absence of the foreman, he assumes authority comparable to the leadmen, whom the parties have agreed to include. He does not possess supervisory authority under the Board's customary definition. We shall include him. We find that all of the Company's -production and maintenance employees,2 including receiving and shipping room employees, stock- room employees, truck driver, janitors, inspectors, firemen, and lead- men,3 but excluding office and clerical employees,4 cost department employees, the record clerk in the receiving room, engineering depart- ment employees, timekeepers, stock control clerks, production control clerks, deputized guard, carpenter, the leadman on the foundry night shift, plant engineer, 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 Elec- tion herein, subject to the limitations and additions set forth in the Ditection. 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 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 Mattison Machine Works, Rockford, Illinois, an election by secret ballot shall be con- ducted as early as possible, but not later than sixty (60) 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 Including Charles Nethery, discussed above. The parties agreed, and we find , that leadmen do not possess supervisory status within our customary definition thereof * The parties agreed, and we find, that Shirley Nethery is excluded as falling within this general category. 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD _ 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 the 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 employees 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 repre- sented by United Electrical Radio & Machine Workers of America, UEW-CIO, for the purposes of collective bargaining. 5 5 The Union requested that it be designated on the ballot as set forth above The request is hereby granted.