Frank L. Wells Co.

In the Matter Of FRANK L. WELLS COMPANY and INTERNATIONAL Asso- C14TION OF 1^^IACIIINISTS , LODGE No. 34, A. F. of L. Case No. 13-R-2942.-Decided June 26, 1945 Mr. Gilbert E. Brach, of Racine, Wis., for the Company. Mr. A. M. Keency, 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 International Association of Machinists, Lodge No. 34, A. F. of L., herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of em- ployees of Frank L. Wells Company, Kenosha, Wisconsin, herein called the Company, the National Labor Relations Board, provided for an appro- priate hearing upon due notice before Leon A. Rosell, Trial Examiner. Said hearing was held at Kenosha, Wisconsin, on May 23, 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 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 Frank L. Wells Company is a Wisconsin corporation engaged at Kenosha, Wisconsin , in the manufacture of wire working machinery. The Company annually purchases raw materials valued in excess of $100,000, over 50 percent of which is shipped to it from points outside the State of Wisconsin . The Company annually produces products valued at about 62 N. L. R. B., No 114 917 918 DECIS10NS OF NATIONAL LABOR RELATIONS BOARD $650,000, over 90 percent of which is 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. It THE ORGANIZATION INVOLVED International Association of Machinists, Lodge No. 34, is a labor organi- zation affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collective 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 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. IV. THE APPROPRIATE UNIT We find, in accordance withithe desires of the parties, that all production and maintenance employees of the Company, excluding executives, stenog- raphers, design engineer, superintendent, foremen, and any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes of col- lective 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. We find, in accordance with the desires of the parties, that the two regu- lar part-time employees of the Company who work 20 hours per week are eligible to vote in the election 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 1 The Field Examiner reported that the Union submitted 48 application cards There are approxi- mately 50 employees in the appropriate unit FRANK L. WELLS COMPANY 919 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 Frank L. Wells Company, 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 imme- diately preceding the date of this Direction, including employees 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 any who have since quit or been discharged for cause and have not been re- hired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Association of Machin- ists. Lodge No. 34, A F. of L., for the purposes of collective bargaining CHAIRMAN MILLIS took no part in the consideration of the above Deci- sion and Direction of Election nil