Hudson Sharp Machine Co.

In the Matter of HUDSON SHARP MACHINE COMPANY and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, CIO Case No. 13-R-2930.-Decided June 23,1945 Mr Robcrt E. Kissel, of Green Bay, Wis., for the Company. Mr. Janes DeWitt, of Sheboygan, Wis., for the CIO. Messrs. Anthony Gruszka and Alex Peterson, both of Milwaukee, Wis., for the AFL. dlr. Clifford J. Butterfield, of Green Bay, Wis., for the Independent. Miss Helen Hart, 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 Hudson Sharp Machine Company, Green Bay, 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 Green Bay, Wisconsin, on May 2, 1945. At the commencement of the hearing, the Trial Examiner granted motions of United Auto Workers of America, AFL, herein called the AFL, and Hud- son Sharp Employees Association, herein called the Independent, to inter- vene. The Company, the CIO, the AFL, and the Independent appeared, participated, 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 afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 62 N L. R B, No. 101 799 800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hudson Sharp Machine Company, a Wisconsin corporation, owns and operates a plant in Green Bay, Wisconsin, which manufactures machinery. During 1944, the Company purchased more than $1,200,000 of materials, 50 percent of which was transported to the plant from points outside the State of Wisconsin. During the same year, the Company sold more than $2,100,000 of machinery, more than 50 percent of which was shipped to points outside the State of Wisconsin. Ninety-six percent of the Company's business directly involves war work. The Company does not deny and we find that it is'engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal NVorkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. United Auto Workers of America, affiliated with the American Federa- tion of Labor, is a labor organization admitting to membership employees of the Company. Hudson Sharp Employees' Association, unaffiliated, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the CIO as the exclusive bar- gaining representative of certain of its employees until the CIO has been certified by the Board in an appropriate unit. The Company has been bargaining with the Independent as the repre- sentative of its production and maintenance employees since 1941. On February 24, 1944, the Independent and the Company signed a 1-year writ- ten contract providing for automatic renewal for yearly periods unless either party gave notice to terminate 30 days prior to any anniversary date. The article in the contract covering wages was the only one which provided for future revision of its original terms during the life of the agreement ; all other sections of the contract were not subject to subsequent alteration. In December 1944 the contracting parties entered into negotiations initiated by the Union concerning Christmas bonuses, a matter not covered by their agreement, and they also discussed revisions of the plan for vacations with pay which was contained in their agreement About January 1; 1945, the Company submitted to the Union its written proposals with respect to modifications of the existing vacation plan. but the Independent's members HUDSON SHARP MACHINE COMPANY 801 voted to reject these proposals.' The president of the Company stated that, in his opinion, the contemplated revisions of the vacation clause in the contract involved such a fundamental alteration of the contract that they would have had to be submitted to the National War Labor Board for approval. The renewal date of the contract passed with the parties in com- plete disagreement over this basic part of the contract. Subsequent to the filing of the petition in this case, the Independent requested another meeting with the Company. When the requested meeting took place in -March 1945, the Independent, pursuant to a vote of its members, presented a new con- tract to the Company. Both the Independent and the Company agreed, however, to take no further action in view of the pendency of the instant proceeding. The Independent stated at the hearing that it did not intend its 1944 con- tract with the Company to remain in effect beyond February 24, 1945. The AFL and CIO maintain that the negotiations in December and January between the Independent and the Company for basic changes in the agree- ment constituted an opening of the contract. The Company does not spe- cifically raise the contract as a bar, merely stressing the factual situation related above. It is clear that the contract did not provide for the payment of Christmas bonuses and that the clause covering the vacation plan was not subject to future amendment during the life of the agreement: Negotiations on these two subjects involved material additions and modifications of the contract and, having originated in timely fashion, were equivalent to seasonal, mutual notice of termination. Thus, the operation of the automatic renewal clause was effectively forestalled and the agreement does not colnstitute a bar to this proceeding.2 °. A statement of a Board agent, introduced into evidence at the ^iearing, indicates that the CIO represents a substantial number of employees 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 'The Independent's president testified that a third meeting was held in the early pact of Janu- ary regarding the vacation plan, and the parties failed to reach any agreement The Company's vice president did not recall that this conference had occurred 2 See Matter of John Wood Manufactuiinq Company, Ire, 61 N 1. R B 846, and Matter of .4nrcncaic Woolen Company (Webster Mills), 57 N L R B 647 3The Field Examiner reported that the CIO submitted 121 membership cards, that 9 cards were dated January 1945, 71 were dated February 1945, and 41 were undated He further reported that the AFL submitted 35 membership cards, dated rlfarcli 1945, that the Independent did not furnish evidence of membership , relying on its contract as proof of its interest, and that there are 196 employees in the alleged appropriate unit. 802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV THE APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees of the Company, including set-up men' and timekeepers,' but excluding office and clerical employees, sales- men, draftsmen, engineers, the chief inspector, foremen and assistant or shift foremen, superintendents, administrative employees, and officers, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the pur- poses 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 imme- diately 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 tli urposes of collective bargaining with Hudson Sharp Machine Com- pany, Qreen Bay, 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 Direction, under the direction and supervision of the Regional Director for the Thil I_eenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Aritcle III, Sections 10 and ll,' of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed (luring the pay-roll period imme- diately 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 It does not appear that these employees are supervisory within the meaning of our customary definition. 5 The two timekeepers involved work in the plant and report to the plant superintendent. They do not actually record the hours spent on a job but forward cards to the office where time computa. tions are made . The Company considers them as part of the "shop set-up" that furnishes informa- tion to the accounting department , and they were covered by the 1944 contract between the Com- pany and the Independent. This is substantially the same unit as that covered by the 1944 contract between the Company and the Independent. 11UDSON SHARP JIAC1tJNE COMPANY 803 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 he represented by United Farm Equipment and Metal Workers of America, CIO, or by United Auto Workers of Amer- ica, AFL., or by Hudson Sharp Employees Association, unaffiliated, for the purposes of collective bargaining, or by none.