Solem Machine Co.

In the Matter of SOLEM MACHINE COMPANY, EMPLOYER and IN- TERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 101, PETITIONER Case No. 13-R-36941.-Decided August 30, 19.4.6 Mr. Stanton E. Hyer, of Rockford, Ill., for the Employer. Mr. P. L. Siemiller, of Chicago, Ill., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Rockford, Illinois, on July 30, 1946, before Gustaf B. Erickson, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Solem Machine Company, an Illinois corporation, is engaged in the manufacture of surface grinders at its Rockford, Illinois, plant. Approximately 70 percent of the raw materials used by the Employer is obtained from points outside the State of Illinois. The Employer manufactures finished products valued in excess of $400,000 a year, of which 99 percent is shipped to points outside the State of Illinois. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization claiming to represent em- ployees of the Employer. 70 N. L. R. B., No. 83. 1041 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning 'the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Substantially in accordance with an agreement of the parties at the hearing, we find that all production and maintenance employees of the Employer, excluding office and clerical employees and all super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect 'changes in' the status of employees, or ef- fectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining -with Solem Machine Company, Rockford, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, 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 said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in,'the armed forces of the United States who present themselves, in person at the polls, but excluding those, em- ployees who have since quit or been. discharged for cause and .have not been rehired or reinstated prior to the date of the election, to de- termine whether or riot they desire to be represented by International Association of Machinists, District No. 101, for the purposes of collec- tive bargaining. MR. JAMES J. REYNOLDS, JR., took no part in the'c`onsideration of'the above Decision and Direction of Election. -