F. H. Ayer Manufacturing Co.

In the Matter of F. H. AYER MANUFACTURING COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS , LODGE 377, A. F. OF L. Case No. 13-R-2888.-Decided April 18, 1945 Mr. Arthur V. Bishop, of Chicago Heights, Ill., for the Company. Messrs. A. M. Keeney and H. L. Elder, of Chicago, Ill., for the Union. Mr. Louis Colein, of counsel to the Board. DECISION AND DIRECTION OF ELECTION ' STATEMENT OF THE CASE Upon petition duly filed by International Association of Machinists, Lodge 377, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of F. H. Ayer Manufacturing Company, Chicago Heights, Illi- nois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on March 19, 1945. The Company and the Union appeared, partici- pated, and 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 af- forded 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 F. H. Ayer Manufacturing Company is an Illinois corporation with its plant at Chicago Heights, Illinois, where it is engaged in the manu- facture of bending pins, signal equipment, and special machinery. During 1944 the Company received about 150 tons of steel, approx- imately 30 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company shipped about 61 N. L. R. B., No. 92. 621 639678-45-vol. 61-41 622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 150 tons of finished products , approximately 30 percent of which 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 International Association of Machinists, Lodge 377, is a labor or- ganization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 'III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees 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 The Union urges that all production and maintenance employees of the Company, excluding office and clerical employees, executives, and the night watchman, constitute a unit appropriate for the pur- poses of collective bargaining. The Company did not take any posi- tion with respect to the unit. Evidence introduced at the hearing indicates that the employees claimed by the Union constitute a well- defined homogeneous group. We find that all production and maintenance employees of the Company, excluding office and clerical employees, the night watchman, executives, and all supervisory employees with authority to hire, pro- mote, 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 Field Examiner reported that the Union presented 18 authorization cards There are about 21 employees in the appropriate unit. F. H. AYER MANUFACTURING COMPANY 623 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 Company employs three high school students on a part-time basis who work 18 hours per week. At the time of the hearing they had been employed about 3 months. The record discloses that they perform work similar to that performed by the regular production employees. We conclude that these part-time employees are eligible to vote in the election inasmuch as they work a sufficient number of hours per week to give them a real interest in the selection of a bargaining representative. 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 Rela- tions 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 F. H. Ayer Man- ufacturing Company, Chicago Heights, 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 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 International Association of Machinists, Lodge 377, affiliated with the American Federation of Labor, for the pur- poses of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.