Northwest Engineering Corp.

In the Matter of NORTHWEST ENGINEERING CORPORATION ' and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, CIO Case No. 13-R-2932.-Decided June 19, 1945 Mr. George E. Frazer, of Chicago, Ill., for the Company. Mr. James De Witt, of Sheboygan, Wis., for the CIO. Messrs. Carl W. Griepentrog and Anthony Gruszka, of Milwaukee, Wis., for the UAW-AFL. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Farm Equipment and Metal Work- ers of America, CIO, herein called the CIO, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Northwest Engineering Corporation, Green Bay, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A Rosell, Trial Ex- aininer. Said hearing was held at Green Bay, Wisconsin, on May 2, 1945. At the hearing the Trial Examiner granted a motion to intervene made by International Union, United Automobile Workers of America, AFL, herein called the UAW-AFL. The Company, the CIO, and the UAW- AFL appeared and participated. All parties 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 afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: i Name as amended at the hearing 62 N. L. R. B., No. 78. 555 556 DL'CISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Northwest Engineering Corporation is a Wisconsin corporation with a plant, involved in this proceeding, located at Green Bay, Wisconsin. It is there engaged in the manufacture of crawler excavating and material ,moving equipment, such as power shovels and cranes. During the past year the Company's purchases amounted to more than $1,000,000, of which approximately 55 percent came from points outside the State of Wisconsin. During the same period, the Company's sales amounted to more than $1,500,000, of which approximately 90 percent was shipped to points outside the State. The Company does not deny, and we find, that it is engaged in com- merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admit- ting to membership employees of the Company. International Union, United Actomobile Workers of America, affili- ated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the CIO as the exclu- sive bargaining representative of certain of its employees until the CIO has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the CIO represents a substantial number of employees in the unit hereinafter found appropriate f 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 parties are in general agreement concerning the composition of a unit of production and maintenance employees. There exists, however, a, dispute with respect to certain classifications, which are discussed below. Timekeepers. The Company and the CIO desire their exclusion, where- as the UAW-AFL would include them. They keep records of the time 2 The Field Examiner reported that the CIO submitted 243 membership cards; and that the names of 235 persons appearing on the cards were listed on the Company's pay roll of April 1, 1945, which contained the names of 730 employees in the unit alleged by the CIO to be appropriate. He also reported that the UAW-AFL submitted 163 applications for membership cards. NORTHWEST ENGINEERING CORPORATION 557 spent by employees in production. They also make partial computations of the earnings of production employees. The five timekeepers are sta- tioned at desks in the offices of the foremen of the various departments, but are supervised by the chief of the timekeeping and pay-roll, depart- ment who is under the jurisdicition of the accounting department. We shall exclude the timekeepers from the unit hereinafter found appropriate.' Service department employees. The Company and the CIO desire their exclusion, whereas the UAW-AFL would include them. The three serv- ice department employees work out of the plant and instruct customers in the operation and repair of machines. They also serve the sales depart- ment in a technical and advisory capacity. Their functions are different from those of production employees and they are under separate super- vision . Accordingly, we shall exclude the service department employees from the unit. Departmental clerks. The Company and the CIO desire their exclusion, whereas the UAW-AFL would include them. The 13 departmental office clerks keep records under the supervision of the foremen in several pro- duction departments which have separate offices. Where, as here, plant clericals are subject to the control of production supervisors, we have included them in production and maintenance units.' Accordingly, we shall include the departmental clerks. In accordance with our foregoing findings and the agreement of the parties, we find that all production and maintenance employees of the Company, including checkers, expediters, inspectors, truck drivers, fire- men, watchmen, janitors, and departmental clerks, but excluding office clerical employees, traffic employees, timekeepers, laboratory employees, engineering employees, time-study employees, tool designing employees, draftsmen, service department employees, salesmen, officers, the chief in- spector, foremen, assistant 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 employees in the appropriate unit who were employed during the pay-roll period im- a See Matter of Goodman Ma nffactnufng Company, 58 N. L. R B 531, Matter of Mnnneapolts. loneywell Regulatol Company, 53 N L R B 864. ' See Matter of Goodman Manufacturing Company, supra; Matter of Minneapolis-Honeywell Regulator Company, supra. 558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mediately 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 Northwest Engineering Cor- poration, Green Bay, Wisconsin, an election by secret ballot shall be con- ducted 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, acting in this matter as agent for the National 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 em- ployees 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 they desire to be represented by United Farm Equipment and Metal Workers of America, CIO, or by UAW-AFL, for the purposes of collective bargaining, or by neither icquc,t-i, The UAW-AFL requests that it be designated on the ballot as "UAW-AFL" Its hereby granted, but in the event it wins the election, it shall be certified a, its name appeal ti m Section IT, above