Tri-Clover Machine Co.

In the Matter of TRI-CLOVER MACHINE Co. and METAL POLISHERS, BLF- FERS, PLATERS AND HELPERS LOCAL UNION No 45, A. F. of L. Case No. 13-R-2899.-Decided June 1, 1945 Foley and Brach, by Mr. Jerome J. Foley, of Racine , Wis., and Mr. Carl 0. Nelson, of Kenosha, Wis., for the Company. Mr. John Grzenia , of Chicago , Ill., 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 Metal Polishers, Buffers, Platers and Helpers Local Union No. 45, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Tri-Clover Machine Co., Kenosha, Wisconsin, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Leon A. Rosell, Trial Examiner. Said hearing was held at Kenosha, Wisconsin, on May 1, 1945. The Com- pany and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All par- ties were afforded 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 Tri-Clover Machine Co. is a Wisconsin corporation engaged primarily at Kenosha , Wisconsin , in the manufacture of dairy equipment . During 1944 the Company purchased raw materials valued in excess of $100,000, 62 N. L R. B., No. 2. 6 TR1-CLOVER MACHINE CO. 7 over 50 percent of which was shipped to it from points outside the State of Wisconsin. During the same period the Company sold products valued in excess of $200,000, approximately 90 percent of which was shipped to points outside the State of Wisconsin. 'We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Metal Polishers, Buffers, Platers .and Helpers Local Union No. 45 is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 8, 1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of certain 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 substantial 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all employees in the metal polishing room of the Company; excluding supervisors, constitute a unit appropriate for the pur- poses of collective bargaining. The only controversy with respect to the unit concerns two foremen. The Company would include them in the unit. The polishing department works 2 shifts, 11 employees working on the first shift and 5 on the second. The Company has a foreman in charge of each shift. It is these 2 employees whom the Company would include in the unit. The 2 formen are in charge of the 2 shifts of the metal polishing room and are responsible to the general superintendent of the plant. Although it appears that they spend more than 50 percent of their working time per- forming regular production work, it is clear that they possess authority to recommend effectively the discharge and discipline of their subordinates and that they have in fact exercised such authority. We find that the fore- men in the metal polishing room are supervisory employees, and as such, we shall exclude them from the unit. We find that all employees in the metal polishing room of the Company, 1 The Field Examiner reported that the Union presented 13 membership application cards There are approximately 19 employees in the appropriate unit. 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excluding foremen 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 appro- priate 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 em- ployees 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 National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Tri-Clover Machine Co., Kenosha, 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 Direc- tion, 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 im- mediately preceding the date of this Direction, including employees who did not work during 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 ex- cluding 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 Metal Polishers, Buffers, Platers and Helpers Local Union No. 45, A. F. of L., for the purposes of collective bargaining.