Waterloo Valve Spring Compressor Co.

In the Matter Of WATERLOO VALVE SPRING COMPRESSOR COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 134, A. F. OF L. Case No. 18-B-1227.-Decided April 20,194/5 Swisher, Cohrt & Swisher, by Mr. L. J. Cohrt, of Waterloo, Iowa, for the Company. Mr. James Ashe, of St. Paul, Minn., and Mr. Leonard Mattson, of Waterloo, Iowa, 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 International Association of Machinists, District No. 134, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Waterloo Valve Spring Compressor Company, Water- loo, Iowa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stanley D. Kane, Trial Examiner. Said hearing was held at Waterloo, Iowa, on March 27, 1945. The Company and the Union appeared at and participated in the hearing.' All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to in- troduce 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 Waterloo Valve Spring Compressor Company is a, partnership en- gaged at Waterloo, Iowa, in the manufacture of industrial tool boxes ' Although United Farm Equipment and Metal Workers of America, C . I. 0., was served with Notice of Hearing, it did not appear. 61 N. L. R. B., No. 104 667 668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and cases and hand service tools. During 1944 the Company pur- chased raw materials valued in excess of $200,000, 90 percent of which was shipped to it from points outside the State of Iowa. During the same period the Company produced products valued at about $700,- 000, over 90 percent of which was shipped to points outside the State of Iowa. 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, District No. 134, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive cot= lective bargaining representative of its employees. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to be ap- propriate.2 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 supervisory employees, office employees, the truck driver, sample maker, and junior draftsman, constitute a unit appropriate for the purposes of collective bargaining. The only con- troversy with respect to the unit concerns the truck driver, sample maker, and junior draftsman. The Company would include them in the unit. The Company employs one truck driver who spends a majority of his time driving a truck outside the plant. During such time as there is no trucking to be performed he assists in the shipping depart- ment. Inasmuch as the Company employs but one truck driver and he spends a portion of his time working in the plant, we shall include him in the unit. The Company employs one sample maker and one junior drafts- man. These two employees work in an office separated from the rest 2 The Field Examiner reported that the Union submitted 32 application cards There are approximately 79 emplo) cea in the appropllate unit. WATERLOO VALVE SPRING COMPRESSOR COMPANY 669 of the plant and work directly under the supervision of one of the partners of the Company . It appears that their work deals solely with experimentation and demonstration . We shall exclude them from the unit. We find that all production and maintenance employees of the Com- pany, including the truck driver, but excluding office employees, sample maker, junior draftsman , and all 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 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 Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of the 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 Waterloo Valve Spring Compressor Company, Waterloo, Iowa, 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 Eighteenth 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 Regu- lations, 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 the said pay-roll period because they were ill or on vaca- tion 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 , District No. 134, A. F. of L.. for the purposes of collective bargaining. 63967S-45-vol 61-44 1